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How to stop sale of property self acquired or anscestral
09-May-2023 (In Property Law)
My grand father(karata joint hindu family) makes a MEMORANDUM OF ORAL PARTION RECORDED 2 months before death in 1981. my father have 4 brother(DEPONENTS) and 3 sister. all 3 sister gives registered RD in favour of 4 brothers after that all brother((one of my father) divide property in each share and mutation in MCD RECORDS by indemnity bond AND affidavid. now my father owner of his share and also name of my father in farahad and property tax. THIS PROPERTY NOW MY FATHER IN SELF ACQUIRED OR ANCESTRAL. can i stop to sale this property.
You can stop the sale of the share of your property by filing a suit for partition and injunction. It would be considered as ancestral property for the purpose of succession and partition. You should file a suit for partition and injunction to get your share.
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Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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How do I stop someone from selling my ancestral property?
Only with the consent from the descendants should the property of the paternal relatives be sold. These properties cannot be sold without consent. It can be recovered by filing a lawsuit for partitioning in court. If their share of the share was denied, they can also send a legal notification demanding their rights.
How do I stop my husband from selling my property?
You can apply for a stay at the civil court if you are concerned that your husband may sell the property or run away if he does not pay the maintenance ordered by the court. The court that issued the order for maintenance is the appropriate place to file your application. 12-Jul-2018
Can I stop my father from selling his property?
The terms of the gift will determine whether your father can sell the property without your consent if it was gifted to him by anyone (including your grandfathers). You and your father can jointly own property. He cannot sell it without your permission (whether you are a daughter or son).
Can my mother sell property without my consent?
A. Your mother can transfer property to her children without their consent, as she is the absolute owner by virtue of a registered Sale deed executed by your husband.
The ancestral property was partitioned by your grandfather among his sons and therefore the property still maintain a ancestral status.
The property share which your father has continues to be ancestral but your father has legal rights to further dispose of this property as per his convenience.
For more information feel free to have a word with me.
All the best!
The property share which your father has continues to be ancestral but your father has legal rights to further dispose of this property as per his convenience.
For more information feel free to have a word with me.
All the best!
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Adv. Sahej Uban
Delhi | 500+ Answers
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You will need to file a civil suit to get an injunction against the sale. Property is not yet divided so that even if its sold to a third party, the 3rd party cant enter. You can file a criminal trespass report. Can only file FIR against WILL. No civil action.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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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