Joint property sold without my consent what is the legal remedy?
We are three brothers and 2 have expired. Children of one brother have sold the part (including commercial portion)to other brother kids without my consent. I had to file FIR and advocate to stop registration of portion occupied by me. What are other legal options available. I had spent lot of money and suffered mental harrasment to stop registration of my portion. Under which section i can claim compensation from them to register the porperty portion without division of house and also mental harrasment . I am staying from more than 30 years at this place and they tried to register part of it
You seem to have already filed an FIR therefore no other legal remedy under criminal law. In order just to claim compensation you will have to file a suit for damages on account of harassment and monetary loss and peace of mind.
Advocate Rohan MittalSector 17, Panchkula
A co sharer in the joint property can
sell or transfer his share only to the extent to which he is entitled.He can not sell a specific number or specific portion without partition.A sale deed without partition which bears specific number or portion is not binding upon other co sharers.You may file a suit for partition alongwith claiming the relief of injunction not to alter,modify, demolish the joint property.
Advocate Rajneesh PannuDistrict Court, Karnal, Karnal
Your remedy shall accrue from your right in the property. In the event property is an ancestral property and you have right in the property, then yes you have a remedy against children of your brothers who have transferred share in the property among-st themselves. Since they have done transaction of your share in property as well, without your consent, you have right to stop them by filing injunction suit against them. In the event they have committed some forgery of documents, or may have filed false declarations, you may file criminal cases as well. Lot shall depend upon specifics of the case, for which you may contact me with specific details.
Advocate Vivek NasaGurgaon District Court, Gurgaon
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