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How to prevent joint owner from sale /transfer of ownership of flat
21-Mar-2023 (In Property Law)
Dear esteemed panel, I need your insightful recommendation in dealing with a family crisis. I have a flat admeasuring 700 sq ft in kolkata . the property is jointly owned by me,my mother and my father. Now , my father ,often threatens to sale/gift his share(share not defined in title deed) of ownership of the flat to a third party to put us in trouble. pls suggest if that attempt can be stopped/made void, keeping the following in mind: 1. deed in my possession and not hypotheticated ever. 2. deed mentions joint ownership of me, mom and dad .municipal/corporation bill in name of three parties regards . robert .
As per your query it reveals that property in question is a flat in the joint name of all three of you and if either of you has not given power to either of you to deal with property there would be no problem and as its a flat no third party can obtain possession of the flat until and unless all of you sales or gifts the property.
Helpful?
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Adv. Vivek Poddar
Kolkata | 100+ Answers
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you have to file a suit against your father restraining him from transfer and also injunction for the same. the suit has to be filed jointly by you and your mother against your father. so your father will not be able to sell undivided his share
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Sir,
As per your inputs in question, you can avail injunction against your father restraining him from alienating his undivided share in the dwelling house to a third person who is not a member of the family.
You have every right to get injunction against your father under the provisions of Section 4 of the Partition Act and under Section 44 of the Transfer of Property Act.
But to avail these rights you will have ascertain and prove that your father is really trying to transfer the said property mere assumption would not help.
Thanks
As per your inputs in question, you can avail injunction against your father restraining him from alienating his undivided share in the dwelling house to a third person who is not a member of the family.
You have every right to get injunction against your father under the provisions of Section 4 of the Partition Act and under Section 44 of the Transfer of Property Act.
But to avail these rights you will have ascertain and prove that your father is really trying to transfer the said property mere assumption would not help.
Thanks
Helpful?
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Adv. Vikram Ojha
Kolkata | 200+ Answers
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