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Father trying to sell off house depriving the only child. please help.
06-May-2023 (In Property Law)
Hello Sir, My father , who is a very very ill-natured person all through being also a hardcore addict of gambling in horse racing is now at the end of his life is trying very much to sell off our only house that we stay in or to hand over to promoter, depriving me who is the only child and son only because he hates us so so much & wants to ensure that I can't live in this house in the future. The mentioned house was FIRST purchased in name of my mother then later father got transferred it to his name trickily from my innocent mother. Both of my parents were state govt employee now receiving pension. I would be left nowhere but on the streets if our house gets sold off. I want to resist it with every possibly way law allows me. Since in this case the FIRST OWNER was my mother & NOT the father what can I do or my mom do on behalf of me to stop the house from getting sold off . kindly advice asap. Regards,
If the property was transferred by a registered deed from your mother to father and now is belong to your father, then you can not restrain your father from sell the property.During life time your father he can sell, gift to anybody by depriving you.
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Adv. Minansu Bhadra
Kolkata | 100+ Answers
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MY OPINION THAT i have follow your problem, i ensure that you have legitimate right of this property as you are the only son of your father and/or mother, according to information the first owner was your mother, then your father, you have so many ways to challenge your legal right /rights.
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Adv. Ranabir Banerjee
Kolkata | 200+ Answers
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As per transfer of property act your father is the owner of the property. But still you can approach a civil lawyer and can file a civil suit and try to get injunction. Moreover tell your mother to file a case against your father under domestic violence.
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Adv. Ujjal Garain
Asansol | 25+ Answers
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First option is to declare your father mentally unstable in a competent court,so as to he will be unable to sell any property. Secondly you can cancel the gift deed which your mother made in your father's name. I assume that it was a gift deed cause you said your mother was the first owner and later on she transferred it to your father and only by this way stamp duty will be saved. But there are still some doubts left you need to personally visit us,so that we get a clear picture.
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Adv. Rahul Uday Singh
Kolkata | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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