• Succession law

We are three siblings, my mum passed away interstate and as a result her property was divided equally among us and my father. My father wants to transfer everything to my brother and wants me to do the same. However I do not want to do that. Can they develop the property and without my consent.
Asked 1 month ago in Property Law
Religion: Hindu

3 answers received in 2 hours.

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18 Answers

You have one fourth share in property 

 

you cannot be forced to execute gift deed for your share in property in favour of your brother 

 

 

you can file suit for partition for division of property by metes and bounds 

Ajay Sethi
Advocate, Mumbai
79343 Answers
4746 Consultations

5.0 on 5.0

No they can't construct property without your consent. If they do so than you can bring injunction on it.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

No worries  

They can't force you.

You may obtain temporary injunction against them under order 39 of C.P.C . 1908 before Civil Court claiming your right and apprehensions of your father and your siblings. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

If there's a registered Partition Deed for your share of the property by metes and bounds, even if your father and brother develop the property, it would be your's only. Further for developing your designated share, they have to obtain your consent.

However, if you voluntarily execute a registered Gift Deed in your brother's favour, then he can develop the property at his sweet will.

Shashidhar S. Sastry
Advocate, Bangalore
3236 Answers
175 Consultations

5.0 on 5.0

Well since all three of you have equal rights in the property each of you is sole owner of your respective share and hence can decide the fate of your share in your own way. 

Therefore unless you agree the property can not be sold and to stop the sale you can file suit for partition and injunction. 

Devajyoti Barman
Advocate, Kolkata
21685 Answers
311 Consultations

5.0 on 5.0

No they can't. File partition suit

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

- Since, your mother passed away intestate , and further her property was equally transferred amongst her legal heir i.e. your father , and her children .

- After receiving the share all the legal heirs having his respective right to transfer his share to anyone and none having right into the same. 

- Hence, legally your father can transfer his share only , and not yours without getting a release deed , and further he can develop in his share only. 

-  If he will transfer the entire property without getting your consent , then it will be illegal and can be claimed by you.

Mohammed Shahzad
Advocate, Delhi
5538 Answers
51 Consultations

5.0 on 5.0

They can develop leaving your 1/4th share. You can obtain stay from court if they develop on your 1/4th share.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

If the said property is your moms self acquired property then father can't do that. Father can only transfer his share to anyone he wants but not the entire property

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

1. your father cannot force you to transfer the property,

2. to safeguard your interest in the property you can send an application to the concerned Sub registrar not to transfer the property without your personal appearance,.

3. you can also file a petition to grant stay on the said property

 

Suneel Moudgil
Advocate, Panipat
2330 Answers
3 Consultations

4.7 on 5.0

If the property left behind by your deceased mother had been divided among the legal heirs, whre is the question of your brother annexing your share of property for the proposed development.

You can refuse to accept their proposal.

Firstly you confirm that if the partition was done by a registered deed, if not you get it registered so tht they cannot grab or encroach your share of property.

If they still  indulge in excess you may file a suit for permanent injunction against them to restrain them from interfering in your possession and enjoyment of your share in the property.

 

T Kalaiselvan
Advocate, Vellore
69350 Answers
929 Consultations

5.0 on 5.0

1. IF Mother's Property was divided orally (without registered Partition Deed or Partition Court orders), THEN you would need to mutate /transfer your share of property by obtaining a Partition Order from the Civil Court, for the purposes, by following due procedures of law.

2. Father, you and brother have EQUAL right /stake in Mother's property, and any individual CANNOT do anything or any development without consent signatures of ALL legal heirs, on a Registered Deed.

Hemant Agarwal
Advocate, Mumbai
5441 Answers
25 Consultations

5.0 on 5.0

No they cannot develop the property without your  consent as you are co-owner of that property.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

if property is registered on your Deceased mother name then it is not possible to transfer entire property on your brother name without your consent. 

Mohammed Mujeeb
Advocate, Hyderabad
18942 Answers
11 Consultations

4.5 on 5.0

If you are one of the shareholders nobody can compel you to transfer the property without your consent.

Rahul Mishra
Advocate, Lucknow
11562 Answers
20 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested that they can't develop the property without your consent and you may file an injunction suit in the District Court for the same. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

Hello!

While your father can transfer his share in favour of one the brother, they cannot compel you to transfer your share to him. As of now you have an undivided share in the property, therefore they cannot develop / sell it without your consent, until and unless the property is partitioned and their exact shares are demarcated. 

Agam Sharma
Advocate, New Delhi
563 Answers
4 Consultations

5.0 on 5.0

Dear Client

 

This is to inform you that,

  • You are the owner of the One Fourth share of the Property and without your consent they cannot develop the property and if they do so, then you can file a case for Temporary Injunction in the Court under Order 39 of the Civil Procedure Code.
  • The Only way your brother could use your share of property if you transfer the same to him via a Gift deed.
  • To claim you share in the property you can send them a Legal Notice followed by the Partition Suit under Section 54 of the Civil Procedure Code.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

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