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How to avoid Transferring Ownership of Property
23-Jan-2023 (In Family Law)
Hi Team, I am stuck in a family dispute regarding a flat which was bought by my Grandfather with his hard earned money.Now the situation is that Grandfather had three sons and a daughter who all are eyeing to sell the flat and earn easy money which my grandfather never wanted such thing to happen ever, a big mistake he did is he didn't made a will as his condition was too critical in his last times.In past my Grandfather had cleared to all in several family discussions that no one will sell any property.He had buyed two flats(still both are in his name) with equal rights to his four children but still all of them are having never ending disputes which turns worse at some times.Due to this all of our families relationship is getting bitter day by day.Please help me to understand how can i restrict people doing foolish things as buying a new property is too difficult in this times.Two of them are even playing some conspiracies to take a sole ownership of the property,is it possible?
you can approach court for seeking injunction restraining them to sell the property.you should obtain letter of administration inrespect of estate of your grand father so that land records get updated with name of new owners. meanwhile u can seek for injunction order restraining others from selling the property.
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Adv. Dipika Jigar Panchmatia
Mumbai | 25+ Answers
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Hi first off all if the property is on your grandfather's name than it is ancestral property and all son's have equal share. Second you or anyone can't stop them from filling suit for partition they all or anyone of them can file civil suit and ask for partition of all ancestral property including 2 flats and other things. Other two who are conspiring can file by not disclosing complete facts or forge documents like Will or NOC.
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Adv. Mrutyunjay Mahendra Bhokhare
Mumbai | 100+ Answers
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Yes it is possible if your grandfather has died they can take the whole property possession and file a suit which can prolong for years. In your case best line of action will be to file suit for declaration where court will decide how much share each person will get then it depends on them if they want to divide or keep the property but I would suggest its better to drift apart and give the proper right to each one of them that will stop all the fights.... For further details you can contact me at eight seven six seven seven two two five three four.
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Adv. Saqib Gigani
Mumbai | 100+ Answers
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No one can sell the property without the consent and signature of each other, all have equal share in property so Sale Deed Can not be executed without any of the Son or Daughter, Best way for Disposal is get the Succession Certificate from civil court and keep the property with only one person who is ready to pay for the share of others.
For Legal Service and Support Kindly Call or Visit:
Dipack Gurchal, Advocate, Pune
Gurchal & Associates Law Services, Bhosari, Pune.
For Legal Service and Support Kindly Call or Visit:
Dipack Gurchal, Advocate, Pune
Gurchal & Associates Law Services, Bhosari, Pune.
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