• Property

Is it possible to stop father from selling any property against his wife and son's will?
Asked 10 months ago in Family Law from Kuwait
Religion: Christian
1) if it is father self acquired property he s free to dispose it without wife and son consent 

2) if the said property is matrimonial home of wife she can seek an injunction restraining husband from selling the property under Domestic Violence  act 

Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
If the property is self acquired property of the father ,he has freedom to dispose off the same as per his wishes.  Unfortunately wife and son can not stop him even if it is against their will.  
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
5.0 on 5.0
if property is self acquired then it is not possible, but if it is ancestral then the son can file for temporary injunction and stop the sale.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
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Hi
 Father can be stopped by a court order. Mother can file for an injunction  refraining him from disposing or alienating the property stating that there is a marital dispute.
The court will order  injunction order from disposing the property till the pending of the case, it could be a domestic violence case which can be filed in a magistrate court or any sorts of  petition for maintenance, residence order  in the family court/district court by wife.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
no, if the property is his self acquired property
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
129 Consultations
4.9 on 5.0
If he is trying to sell an ancestral, which the son can prove as ancestral, he can file a lawsuit for injunction to restrain the former from selling it. The wife does not have any share in the ancestral property. However, the father is free to sell his self acquired property.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Hi, you and your mother file a suit against your father for not to alienate the property, normally court will give injunction in the above circumstances.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. If it were to be the self-acquired property of the father, he can sell or can do anything with regard to his self-acquired property without any body's permission including his wife and children.
2. If it were to be the ancestral property, then he has to take permission of the other legal heirs. 
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
Is it possible to stop father from selling any property against his wife and son's will?
If it is his self acquired property or inherited through a bequest  or an absolute property acquired through a settlement or gift deed, it shall become his absolute and own property, in which he has full rights to dispose it in any manner and method he desires.
The son shall have a share out of his father's share in the property if it was an ancestral property, but the wife or son otherwise shall not have any right over it during the life time of father. After that also if there is a testamentary disposition, these people, until beneficiaries, shall not be able to exercise any right over the property.
Thus, the wife and son cannot stop him from alienating the property legally.
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
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1. If father is the title holder of the said property, he has the right to deal with it including selling it without taking consent from any one,

2. To stop him selling the said property, the wife shall have to file a DV case praying for direction upon the husband not to deal with the property where his wife is staying by evicting herself,

3. Son has no say here and if he is an adult he may be refused to be even maintained by his father. 
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
The Christian laws of inheritance and succession are the same for both men and women.

All property owned by an individual, no matter what the mode of acquisition, is treated as her/his self- acquired property.

During the individual’s life-time, no one can lay any claims on her/his property. She/he can sell it, will it or gift it away to anyone.

you cannot put any bar on selling of property. 
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0

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