• Illegal sale of house

House is in name of my late mother. Father wants partition but mom already gave him his share while she was alive(cash). She said father can live here until he is alive he agreed. But he never let her make a will. Mom tried a lot but he persisted, he was very ill and could not fight him. After her death he started pestering for share in the house too. I declined partition quoting mom's words. Now he got remarried within 3 months of her death and is trying to sell off the house to a businessman. Can he do it?

I told him to enjoy the cash she gave and continue to live here as I love him and have no issues with that. I told him to leave the property alone but he is being manipulated and pressured by the new woman in his life. He already bought flats in Hyderabad and Kolkata to go and hide after doing this illegal sale. What can I do?
Asked 6 years ago in Property Law
Religion: Hindu

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15 Answers

In mother demise you and father are legal heirs 

 

2) file suit for partition for division of property by metes and bounds 

 

3) seek injunction restraining sale of property by your father 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

He alone cannot sale the house though he can sale hua undivided share.

See in case he illegally sale a police complaint can be filed and you can file for cancellation of sale deed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. IF:

a) Mother did not execute any WILL,

b) You have no documentary evidence of any money given to Father

THEN

2. "ALL" the residual Legal Heirs of the deceased Mother, shall have EQUAL rights /share in all her properties.

3. A single undivided House (which is presently occupied by you for residence) CANNOT be Partitioned in ANYWAY whatsoever & whichsoever, EVEN by a Court Decree.

4. Father alone CANNOT legally sell the undivided house, while you are in possession. Publish newspapers notices that House is not for sale and no transaction shall be legally valid. Do this thru a local Lawyer. Issue Caveat to local registrar of sub-assurances, not to register the undivided house, since you have claim and you do not wish to Sell.

5. IF all above is not possible, THEN file Civil Suit for declaration of your perpetual possession and claim over such property.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. AN "undivided" property CANNOT be Sold /Purchased (atleast Legally) and would amount to prosecutable offences.

2. For other issues, you would need to file a Civil Court dispute and obtain stay orders, against Father siphoning off funds without your consent /agreement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

 

Section 14 of Hindu succession act describes what constitutes a woman’s property—both movable and immovable, owned and acquired by her. It does not distinguish between inherited and the self-acquired property. It  includes all property obtained through ‘inheritance or devise, or through partition, or in lieu of maintenance or arrears of maintenance, or by gift , whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or  by any other manner


first  preference to sons and daughters, including children of any predeceased son or daughter and the husband

 

1.First of all it is very hard to prove cash transaction and it is considered bad in the eyes of law. 

2. Secondly please check the current title of the property in local tehsil or registrar's office. 

3. Thirdly he cannot sell the house without your consent because you are her legal heir.

You can always file suit of declaration with mandatory injunction ( Stay application ) to declare your right in the property and stop the sale of the property. Also, In the suit you can always mention about his marriage, his properties and money given to him by your mom but remember court will ask you for all the proofs. written or verbal statements will not be enough.

 

Nitin Jaspal
Advocate, Gurgaon
36 Answers

  1. Father can sell his undivided share in house 

2) hence  advised to obtain stay order restraining father from doing so 

 

3) in mother demise her 50 per share in fixed deposit, investments woukd devolve on you and father equally 

 

 

3) seek detailed statement from father of money lying in bank accounts, mutual funds etc 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Words have no relevance, on her intestate death, he have equal share in property and can sell his share. But till partition not done, buyer has no right to take possession of undivided dwelling house. 

Joint ownership dose not give any special right. After mother death, her monies, FD, MD will inherited equally. File objection in bank, FD, MD etc.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Yes he can legally sell his own undivided share you van not stop same.

You can seek partition of the mutual asset by filling suit before the court.

See for this you need to talk to your father.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You file an injunction suit restraining him from selling the house property in which you also have a rightful share.

Even though your mother gave him money during her lifetime since she is reported to have died intestate he is entitled to a share in the property as her legal heir, hence you cannot restrict him to get his share in the property, however you can file a partition suit and can claim your share in the property with separate possession and also file an application seeking to restrain him from alienating the property in any manner till the disposal of the main suit.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Your frustrations do not have any answer in la until and unless you take legal steps to restrain him from proceeding with his intention to grab away the entire properties including the movable assets of your mother.

You can list out all the details of the assets both movable and immovable and then obtain a stay order against him until the same is equally distributed between you both.

You consult an advocate in the local and initiate steps as suggested to safeguard your interests in your mother's wealth.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ans:- Since, there is  no Will  made by your mother, you and your father being Class I heirs, are both entitled to the equal share in the property. All your mothers properties, including moveables and immovable proprties are to be equally divided amongst both of you.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

1. You can stop him from making sale because you hold equal share in property as legal heir of your mother. 

2. You should apply for succession certificate from Court to get equal share from your mother investments.

3. He cannot sell undivided share until the property is transfered on name of legal heirs of your mother. 

4. Try that the property doesn't get mutated till his life time. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

without consent of legal heir your father cannot sell said property. 

if your mother executed any settlement deed then your father cannot claim his share. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

No he cant do it you can restrict him by filling injunction. If you have possession then he can't do anything

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

  1. As per the information mentioned in the present query, makes it clear that the property was your late mother’s self acquired property.
  2. Though he has got the cash in lieu of his share, but still in the absence of any Will or document showing the same, he may succeed to his share in the property along with you as per Hindu Succession Act.
  3. But, if you can somehow record his statement that he has already got his share in terms of cash, then you may have a case to cease him further.
  4. And in the FDs, bank deposit and everything he can’t take those alone without having a will in his favour or he he would have been declared as nominee, but not second holder of first holder.
  5. You may have to have succession certificate as well as legal heir certificate for both the properties either house or money in banks etc.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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