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How to sell a flat brought in my name without the permission of father
19-Sep-2023 (In Property Law)
My father bought an apartment in my name two years back which i came to know was in my name 4 months back. He has treated me in a way that qualifies as human torture for which i will have to take a case against government and him. I see all his activities as that of an intelligent but unstable mind. He has hurt me enough. Now i want to get away from my mad family after 10 years of abuse that i have proof of which includes forced hospitalizations and bodily harm. I want to sell the flat. But considering i am a psychiatric patient how much harassment can i expect (since i am used to the system here. .i wont be surprised if lawyers themsel are prejudiced and harass me) while selling this flat without fathers permission. It is in my name...he has said he has taken a 10 lakh loan from hdfc..due to which i cannot sell as per him.the flat is worth 47 lakhs. I can provide 10000 - 55000 to the lawyer who can handle this in a fast and compassionate manner and who doesnt have prejudices.
You are the absolute owner of the property. So you can dispose it on your choice. It is immaterial whether your father allows it or not. However there will be a strong objection from his side. He can file a suit against you.
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Adv. Sindu R Kurup
Kannur | 200+ Answers
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'My father bought an apartment in my name ': the information is rather confusing on the face of the fact that your father has taken loan against the same property. This is an impossible situation. Please verify the factual position from the records.
Other aspects stated are not relevant to your query.
Other aspects stated are not relevant to your query.
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Adv. P Venu
Vaikom | 500+ Answers
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If your father has taken a loan by mortgaging your property, you must have been a co-applicant or guarantor to that loan. If the property is mortgaged, you may find it difficult to sell without clearing the dues to the bank. Or else, if the buyer is ready to take the property along with the loan, you can sell it with the permission of the bank. However, the title document has to be perused to see whether life interest of father or any other such conditions are mentioned in the deed so that you may not be able to sell the property without your father's consent. (Let me give you one small advice too; For finding lawyers without prejudice, approach them too without prejudice in your mind. All the best to you)
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Adv. Nelson Joseph
Kochi | 100+ 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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