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  • Can I be stopped from selling my inherited property

I am 35 years old...I am Not Married...No wife...No Children...I inherited properties from my father after his death in the year 2009...These properties are registered solely in my name...These Properties include Agricultural Land and Residential properties in Delhi...Some of these properties were transferred to my name during the life time of my father...I have a real brother who also recieved an equal share in my fathers property and his property is registered separately in his name...Can my real brother or his children legally stop me from selling my legal share in my fathers property...
Asked 5 years ago in Property Law
Religion: Hindu

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25 Answers

1. Sir they cannot stop you from selling your inherited  property , as per above facts you are absolute owner of same and can dispose the properties at your wish by will/gift /sale.


No suit by brother or his children is maintainable against these properties registered to you by your father.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

if the said property is legally transferred to you by father and its your father self acquired then they can't claim any share. But if it's ancestral then only they can claim share to his part but then he will have to also give your share from his property received from your father

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

All these properties are registered in your name and hence nobody has a claim over it. Nobody can challenge your rights over these properties.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The answer will depend on a number of facts that are not spelled out in your question but basically if the property is ancestral it cannot be sold without the permission of those who have a share in it. If it is partitioned by metes and bounds then you may dispose of your share provided there are no adult successors or else with their permission.. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You are at liberty to sell your inherited property 

 

your brother or his children cannot stop you from selling the property 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

!. if you are the legal owner of the inherited property then you can sale the properties without any legal hassles,

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1. The properties and share transferred to you by your father are your separate properties which are at par with self acquired properties. You are free to alienate those properties.

2. However, the properties in respect of which your father died intestate, have devolved through intestate succession on all his Class 1 heirs equally. Your brother has an equal share in those properties.

3. If you apprehend that a suit for injunction may be filed in near future by your brother, you may file caveat in the competent civil court to ensure that he does not walk away with an ex parte interim order in his favour.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. The properties which you received from your father during his lifetime and inherited properties from him, is your separate property having the characteristic of self acquired properties.

2.  You are the absolute owner of these properties and it's up to you to do anything with the properties and except you no other person will be having any right over your properties during your lifetime.

3.  During your lifetime, your brother or his children cannot legally stop you from selling the properties you inherited from your father. However if the property/properties are in joint holding with your brother, then you can sell your individual share in the joint holding by getting your name recorded in the revenue records and partition effected. For joint property, to sell your portion, first preference has to be given to your brother and if he cannot buy your share, then only you can sell it to others.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

No. If properties are equally partition between you and your brother after father's death. 

Have your father executed the Will or intestate succession ?

And properties which were registered in your name in your father life is through registered gift or settlement deed than cannot stop to sell those also.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Respected sir...

You can cell all the share which is owned by you ...sir the property which is registered in your name is solely occupied by you ..you are the sole owner and you have all the rights regarding that property ...so do as what you want ...

I am from Delhi and intrested in buying property if I can get good location and good price...you can contact me if you are interested....

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

The right in your property is absolute one in favour of you so no one can stop from selling or alienate the property as per your wish

.

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

1. Property received via a registered Gift Deed or WILL, becomes the absolute "Self-Acquired" and "Clear Title" property by you, without any further legal reference to any other legal heirs.  You are legally entitled to Sell /Gift/ WILL /Lease /Mortgage /Donate /Whatever ....  your property/s to whomsoever you wish, without any reference to ANYBODY.

2. IF Brother has accepted Father's property, THEN he cannot legally raise any objections on your property. His Children have no right, whatsoever, to raise or demand anything on your property, atleast till your are alive and have not executed your own WILL.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

No, your real brother and his children cannot stop you from selling  your legal share inherited from your father.

You are at liberty to deal with the said property as you wish.

If you apprehend any involvement from them, you can file caveat in Court against them.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Since you have inherited/acquired your share of property from your father's property by a valid mode of transfer and as you possess the registered documents to establish the said transfer, you shall be considered as an absolute owner of your property with marketable title.

Therefore being an absolute owner of the property you need not obtain anyone's permission of consent to sell your own property. 

Neither your brother nor his children have any rights or interest in yor property hence they cannot indulge in any such illegal activity to stop you from selling your own property in the manner you may desire and decide. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

No they cannot stop you to sell your part.

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

- As per law, your father was free to transfer his self acquired property to anyone without any interruption from any one during his life time , and no body was having right to claim over the said transfer property. 

- Further, in 2009,  inherited property was registered in your name , then after registering the said property , you become the legal absolute owner of the property legally. 

- Hence, in both the cases, you are legal owner of those properties , and now it become your self acquired property, and no person including your real brother , sisters having any right to claim over those properties during your life time. 

- Further, legally , you are free to transfer /sell these properties to any one , and no body can stop you from selling. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Hi,you have legal rights over the property and can sell,transfer or mortgage them..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

No you can sell your undivided property as well but in this case your property is distinctly Marked in your name and you have all the right to sale out these properties as you don't have any legal hair at this point of time only in case you have the legal here at this point of time then you are legal heirs have all the right two object the sale of property without their consent in your case you are free to do anything to dispose the property as per your will

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

No they can't stop you selling the inherited property. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

No your brother or his children cannot stop you selling your share from father's property.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Hello, 

No they can not stop you from selling the land if you have a clear title of the said property. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You mean certain properties of your father was legally transferred to your name and you now wish to know if your brothers chidren can claim.

If the transfer of property has taken place legally with all the documentation in place then they cannot stake claim in those properties.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

No. No one can stop you from selling properties in your name

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Dear Sir,

There are some judgments that say that inherited ancestral property can't be sold to a person outside the family. Using the same, your brother may file an injunction case. But, the case may not succeed because you are the sole owner of the property.  

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Nobody can stop you to do any legal action in your property or with your property. Right to property is your constitutional right and nobody can snatch this right from you by any legal means.

if you want to sell your properties, then do it and enjoy your life as per your choice. you are the sole and absolute owner of those properties.

 

legally they cannot stop you.

 

 

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

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