quessold property under threat. What to do?

My father lives with myyounger bro. last 10yr bro forcing sell house. house got sold 2mths bak inexchange with house/cash. with out my presense or signature in sub registrar court. 1 mth left to move out. 101% property was sold with threat 2kill father n myself father sick n bed ridden. when i came to know sent email to dcp stating house was sold with threat 2kill father n me. Is that legal how property got sold with out my present n signature. can i go2 court ask 4 stay. i do have blank paper with father signature will this help file complaint with police n 2get stay. thankx

  • ansYou can get a stay from the court if the property was an HUF, ancestral or a property in which you had a share. You should file a suit for Partition If the property is undivided and get a stay on the property. You should also challenge the validity of the sale deed.

    Advocate Arjun Vinod Bobde

      Supreme Court of India, Delhi

  • ansSir, in case the house was your father's self acquired property your sign is irrelevant for selling the property. However if the property was ancestral you have a share in it and the same could not have been sold without your consent and if that is the case you can challenge it. The sale may be challenged even otherwise if coercion and undue influence can be established

    Advocate Rajat Joseph

      Nizamuddin East, Delhi

  • ansYes offcourse you can. Obtain a stay from the court depending on the title of the property. Kindly contact for detailed consultation as many more facts are required before strategizing the best legal option.

    Advocate Vanshdeep Dalmia

      Jor Bagh, Delhi

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