My father did not make a Will before he passed away, hence me, my brother and mother are the legal
heirs of the property he left behind.
As I am staying out of India - my brother had already sold many properties without my consent, I need suggestion what can be done for this legally to stop him of not selling any remaining property without my consent and the one's he already sold
Asked 2 years ago in Property Law from United States
1) since your father died intestate you have one third share in properties
2)apply for letters of administration from HC if properties are located in bombay , calcutta , madras
3)file suit for partition and seek an injunction restraining brother from selling the properties .
4)under section 44 of transfer of property act co owner can sell his share in properties without consent of other co owners
Hi If the property is the ancestral property of your father and if your father died before 09-09-2005 then you have no right to claim share in the property or if the property is self acquired property of your father then you have right in the property.
2. You have to file suit for partition of your share in the property and also ask for injunction order not to alienate the suit schedule property.
You should file a suit for injunction to restrain your brother from selling the properties without your consent. If he succeeds in creating third party rights then it will be very difficult to impeach those in the court. In so far as the properties that have already been sold by him are concerned you may file a suit for cancellation of the sale deed(s) executed by him.
You must immediately file a partition suit seeking partition of all the properties that was left behind by your deceased father upon his intestate death and separate possession of your share in it.
You can include the properties that have already been sold in the schedule of properties that are to be partitioned.
In the partition suit you can file a application under the provisions of order XXXIX Rule 1 and 2 CPC seeking injunction restraining your brother from further alienating or encumbering the properties till the disposal of suit as an interim relief.
You have to get into an immediate action or he will fraudulently dispose all the remaining properties too soon.
1. You should now file a partition suit demanding partition of the properties your demised father has left including the properties illegally sold by your brother. You should make those buyers also parties to the suit,
2. After getting the partition order dividing and demarcating your share of the properties of your demised father, you can deal with your share of the said property in any way you wish to.