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Hereditary property sold without consent want stay order


20-Apr-2023 (In Civil Law)
My father sold hereditary property to his own brother without his son signature. Now we filed cvil case against them. Now his brother constructing home there . Is there any possibility to get injection order and stay order for not using those property?
Answers (3)

Answer #1
610 votes
What happened to the Civil Suit? What is the civil suit for? Did you not get any injunction? Even after filing civil suit, how your uncle is still constructing? Did you bring it to the notice of the Court that your uncle is constructing? Kindly contact me to discuss the case in detail so that I can give proper guidance.
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Answer #2
985 votes
When the title of property is in question and when it is in the court proceeding no changes should be carried out in the property. You may approach the court immediately for getting a stay order on such activity.
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Answer #3
711 votes
Dear Sir / Madam

Your father has no right to transfer the ancestral property to his brother without the consent of his son.

But you have to clarify whether partition of the property took place among your family members regarding the property or not.

what about the share of the family members ( brother of your father). He is also entitled to get share from the property of his ancestors.

if not, you may file a suit to declare the sale as null and void.
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