Property in the name of my father
My father has two properties in his name. he is in the position to sell one property at the time of my sister marriage. but i told my father to don't sell the property and i will take care of the marriage expenses and i requested to give the property to me for this. my father agreed and i spend around 8 lacks rupees for my sister marriage.
But now because of some family disputes, he is trying to sell the property to the third party.
Can i stop the sale of property to third party?
Asked 2 years ago in Property Law from Kanchipuram, Tamil Nadu
Also for another property its in his name ..but it bought by my father, my elder brother and me. But its registered in my fathers name only...But now he is not giving property to my brother and me...Can i file a case against him...?
Asked 2 years ago
1) you cannot prevent your father from selling the property as you don't have any agreement in writing wherein your father agreed that if you bear marriage expenses of Rs 8 lakhs property would be transferred in your name
1) Was your contribution by cash or cheque for second property ?
2) if all payments were by cheque and property bought in father name you can take the plea that property was bought for benefit of joint family and claim your share
1. The said property stands in his name and he is the abosolute owner of the said property,
2. there is no written agreement that against your paying Rs.8 Lakhs for your sister's marriage, he will convey the title of the said property to you,
3. You can not stop him in selling the said property to a third party.
1. If you and your brother can prove that the said property was purchased by you and your brother by spending from both of your fund but the title was registered in your father's name then you can file a declaratory suit praying for a declaration that the property actually belongs to you two and also praying for a direction upon the Registrar to change the registration in favour of both of you,
2. Engage a local lawyer having expertise in this field.
If there was no agreement between your father and you over the financial assistance for your sister marriage and he property issue, you may be able to either retrieve the money spent or claim your father's self acquired property in lieu.
For the second property if you have proof for funding for purchase of the same jointly along with your brother and father, you may file a suit for partition on that basis and seek separate possession of a share in it proportional to your investment in the property.
1. You cannot stop your father from selling his property. If he is the absolute owner of the property he is at liberty to sell it to anyone at any rate he desires.
2. In so far as the second property is concerned, if you have evidence to prove that the consideration was paid by you and your elder brother in addition to your father then you may file a lawsuit to seek a declaration that you are a co-owner of the property.