• Can father sell his own property without son's consent

I have given full money to father through bank transfer to buy property on his name in india when i was in aboard recently i came back to india and asked to transfer the property on me name but he denied to transfer the property on my name and he secretly planning to sell to somebody... he treating us that i cannot do any thing.. please suggest how could i stop, Can i file legally ?
Asked 5 years ago in Property Law
Religion: Hindu

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21 Answers

As the property is in his name you cannot stop him. But you may file a criminal complaint against him for criminal breach of trust and cheating as he took your money by taking you into confidence and then used it to purchase property in his name.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes . The person in whose name the property is standing is considered to be it's owner irrespective of someone else may have contributed the consideration amount. 

Therefore your father, I am afraid, is free to sell the property. 

You though have option to file suit under Benami transaction Act, such suit takes lot of time and hard to prove 

However to get assistance in filing such suit feel free to contact. 

Devajyoti Barman
Advocate, Kolkata
23663 Answers
538 Consultations

You should file a criminal complaint.

Swarupananda Neogi
Advocate, Kolkata
2995 Answers
6 Consultations

File a suit for declaration along with an application for grant of injunction to declare you as the sole owner of the property on the basis of the payment made by you for the purchase of the said property as well as to restrain your father to create any third party interest in the said property.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Yes he can sell it to anyone without anyone's consent. As it's his self acquired property you can't question him

Prashant Nayak
Advocate, Mumbai
34726 Answers
250 Consultations

File declaratory suit that you are absolute owner of property 

 

2) seek injunction restraining sale of property by your father 

Ajay Sethi
Advocate, Mumbai
100058 Answers
8169 Consultations

You can file title suit to get the title of  property based on money transferred for purchase of property in district court.

You may also pray for stay on sale of property by father and please be aware that a court fee for the value of property may be paid.

 

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Yes,Definitely. 

You may put obstacles and hurdles in the sale process initiated by your father through temporary injunction against your father under order 39 and section 151 of C P C 1908 based on payment details you remmited to your father's account. 

Now the way you transfer the money in your father's account to buy the property is also questionable by DRI and ED under FEMA 1999.

If it was by FIRT through RBI then proper otherwise you may be in problem if your father or anyone under  whose knowledge the property purchase agreement registered with competent authorities under the law of Registration Act 1908 may put you in trouble for PMLA 2002.

You decide what steps do you want for recovery of your money from father or to get property from your father.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

If you have transfer money on your father's name to purchase property and you are claim that its your property, whether if flat, NA plot or Agricultural land is?

 

Because if you claim that property is yours then it will assume that it Benami properpty, to save tax you have purchased on your father's name.

 

So, settle this issue in-house between you both and get a Gift deed sign from your father. If he still not listen to you than we will help you regarding this to pay tax on your money transfer under NRI money transfer clause let us the amount transfer so can check RBI's rules.

 

Once this is safe the money transactions clause then you can take a injunction from court that your father can't sell property without permission.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Do you have records to prove the transfer of funds?

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

File a specific performance suit against him for transferring the property to you

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Dear Sir,

You are suggested to file a case of injunction in the district court of your area for restraining the father from selling the property. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

- Since the said property is in the name of your father , then he is having his right to sell the same without your consent. 

- However, as you have invested your amount for purchasing that property , then if you having proof of the same , then you can claim ownership of the said property. 

- You can file a suit for Declaration and Permanent Injunction against him for declaring owner and to restrained him from selling the property . 

Mohammed Shahzad
Advocate, Delhi
15875 Answers
243 Consultations

If you have evidence for funding to buy this property, you file a suit for injunction and possession.

You can also obtain a temporary injunction against him restraining him from alienating or encumbering the property in any manner till the disposal of suit.

Discuss with an advocate and proceed on the basis of the suggestions received.

 

T Kalaiselvan
Advocate, Vellore
90256 Answers
2509 Consultations

Dear Sir,

Men may lie but not the documents this notion is believed by the courts. So you can immediately file a simple suit for permanent injunction and obtain stay order against your father from transferring to any body. It is a debatable issue and you have an edge and win the case easily.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6249 Answers
502 Consultations

File declaration suit in court and obtain interim injuction agsisnt the alienation of property in any manner.

Mere purchase in the name of father dose not make him owner.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

No you cannot stop him from selling  the property which is on his name until you file a case against him for declaration of ownership on ground that money was given to him to purchase money on your name but he instead purchase it on his name and now denying to transfer the property on your name. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

you can file declaratory suit that you are absolute owner of said property, enclose all transaction details. and file suit for temporary injunction thereby seeking stay on the property.

Mohammed Mujeeb
Advocate, Hyderabad
19384 Answers
32 Consultations

Issue  public notice two local news papers, one in vernacular & other in English Language raising objection with regard to sale of said property.

Issue notice to your father calling him to settle the property in your name followed by File suit for injunction restraining your father from selling / creating third party interest in and over the said property.

On obtaining injunction, you can settle the matter by dialogue "hopefully"

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

you have made a benami transaction

under the benami law, the benamidar becomes the owner and the true owner who contributed the money has no remedy

Yusuf Rampurawala
Advocate, Mumbai
7932 Answers
79 Consultations

You may have to file a suit against your father for establishing your interest in the property and obtain an interim injunction (stay) preventing him from disposal of the property till final decision in the suit. Please possess all relevant documentary records showing how you financed purchase of the property.

Swaminathan Neelakantan
Advocate, Coimbatore
3082 Answers
20 Consultations

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