• Old signature on property documents

Good evening sir
I am an NRI living in uk . My father has acquired his dads agricultural property from the court settlement as he had disagreement with my uncle.
the property is under my dads name.
we are three brothers and 5 sisters . My brothers in india is convincing my dad to sell the property.I am fearing that without my knowledge they will sell the property and i will be getting less share of the property (they will tell me that the property has gone at lower price)
What is the best option for me to make sure that i will get my appropriate share of the property.
i dont want to go to the court and last year i treid to convice my dad to give my share but it doesnt look that it will happen soon.
is there any legal way that i can stop the selling of the property without my knowledge?
Thanks

Thanks
Asked 3 years ago in Property Law
Religion: Muslim

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15 Answers

Sir the property acquired by your father after partition with uncle solely belong to the father he can sell, transfer gift same to the person he likes or wishes to so legally you cannot stop him if he wish to alienate the property so in this case best would you persuade your father to partition the property through registered deed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See in life of father you donot have any share in his property in case of his intestate(without will) demise you are legal heir and have an equal share in the property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

You cannot claim your share of ancestral property till your father is there.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

you have no share in property during your father lifetime 

 

2) only on father dying intestate would you have any share in property 

 

3) your father is at liberty to sell the property during his lifetime without your consent 

 

4) you cnnaot insiste for May share in the property

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

If you go to court to claim your share you would not get any reliefs .

 

under no circumstances should you file any suit to claim your share 

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

1) As this is ancestral property your can ask your share from court or get stay on property not to sell your share of property or without your consent not to sell.

 

2) Your share will be calculated as per the Muslim Law. If you tell me whether you are Shia or Sunni.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1) As the property is registered in name of your father, there's no legal way you can prevent him from disposing it as he chooses. 

2) However, before he disposes it, send a legal notice to him and your brothers, that you seek partition. All of you can agree on terms and shares. However, if they are not willing for partition, file a suit in civil court seeking partition

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1426 Answers
5 Consultations

4.4 on 5.0

son can not claim any share in father's self earned/ acquired property. Only can claim in ancestral properties.
the property from grandfather as a gift or any, it will not be regarded as an ancestral property.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. So long as your dad is alive, he can deal in any manner he wishes with his property

2. He can either sell it or gift the same even to rank stranger

3. You are not his legal heir during his lifetime

4. In law, you are merely a presumptive heir who may inherit the property after your father's demise, provided he has not sold or made a Will of the property

5. Even if you go to court, you wont get any relief

6. You will be hit by doctrine of 'spes successionis', which is mere chance of succeeding to the property, subject to above 

7. During your father's lifetime, you have no legal share in his property

8. Sons having share in ancestral property is a concept under Hindu Personal law and not under Muslim Personal law

9. At the highest you can sit with your family as request your dad to give you certain share from sale proceeds of property or request him not to sell the property till you are in India. Remember he has no legal obligation to accede to your request 

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the property has not divided yet.
  2. And also it can’t be go like this as the nature of the property is anscestral.
  3. You should file a suit for partition/ share before the Civil court of law.
  4. Once you file that then you may also pray for stay against any transaction with respect to the same property till the disposal of your suit.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. The property stands in the name of your father for which he can do whatever he wishes with his said property including selling it of or gifting it to anybody he wishes to.

 

2. As per law, no body can claim any share of your father's property since it's title stands in his name.

 

3. All his legal heirs can claim their shares of the said property only after his demise intestate.

 

4. You can challenge tghe genuineness of his signature later on after his demise, if it is found that he has conveyed title of his said property by registering a deed of conveyance in any body's favour.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. You have no claim of share on your father's property during his life time.

 

2. You can only claim your share of the said property in case he dies intestate.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1.  File a Caveat application (thru a Indian representative) with the Tahsildar, restraining him from making any further transfers in the Revenue Record.  Do the same with the related taluka Registrar of Sub-Assurances.

2. Till Dad is alive, you cannot any of his properties, in any manner, unless it is proved that Dad is mentally unstable for all purposes.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

The share of property that your father inherited/acquired shall be his own and absolute property.

In this nobody, including your mother or other siblings can claim any share as a right.

Therefore you cannot claim any share in the property as a right at least not during  the lifetime of your father.

Therefore your proposal to initiate any legal action on this will not be maintainable as per law.

You may have to request your father in a polite manner only, and it will be purely his own discretion to allot you any share or not.

 

 

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

You may become the legal heir to your father only after his lifetime and if the property remains in the same manner without being disposed and if your father is reported to have died intestate then you will become one of the successors in interest after which you can claim equal share in the property.

Any move to the court or any other legal action would render failure, i.e., waste of time,. money and energy.

Even though it was your grandfather's property, it will devolve upon your grandfather's own legal heirs i.e., your father and his siblings, hence others do not have any rights in the property.

 

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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