Advocate Vijay Kumar Garg

Questions Answered by Advocate Vijay Kumar Garg

Q: Husband selling his property share without our consent

My father in had purchased a house in Chandigarh.After his death the house was transferred in 50/50 in my mother in law and my husband,s name.I have two children who are majors.Now my husband wants to sell his share of the house without our consent.How can I or my children stop him from doing so?

Advocate Vijay Kumar Garg answered
As the property got your husband from his father, the same is ancestral property, your two sons have equal share in the property. Yours sons can stop your husband from selling the property by filing a suit for permanent injunction restaing him from selling the proerty alongwith suit for partition .

Q: Procedure in case seller not selling property after earnest money

what to do if seller dont sell his property to buy after having earnest money

Advocate Vijay Kumar Garg answered
Your quistion is not complete . whether there is any written agreement or not, what are the terms and condition of agreement. If you have perfornmed all terms on your part and date of sale if mentioned in the agreement is not expired . you should appear before the Sub Registrar where the sale is to be registered after giving notice to the seller with remaing amout to be paid to the seller, and get your presence mark by filing an application in proof of your willingness and readyness with consideration to execute the sale deed. If the seller do not turn up to get the sale deed exected in your favour , thereafter , you can get the sale deed exected through court by filing a suit for specific performence.

Q: Procedure to claim share in property for which will has been made

MY brother has made my father will completely in his favour for all his movable and immovable property he had... I am the only sibling of my brother.. can I claim for the property share even if the will is in his name...I am Hindu by religion

Advocate Vijay Kumar Garg answered
If the property was self acquired of your father only then he could executed a Will in favour of your brother , even then you can chhalanged the Will by filing a suit for declartion in civil court where the property is situated. If your brother failed to prove the same you will get an equal share. If the property was acquired by your father from your grandfather then it is a ancestral prporty , you have share in the proerty and can claim the same as a matter of right.

Q: Mother died leaving unregistered will wants to transfer the property

My mother and self own 50 Percent share each in a property. She died leaving an unregistered will bequeathing her 50 Percent share in my favour.Can I lease it out pending transfer in official records which may take some time. Can my siblings or father claim a share in the same.

Advocate Vijay Kumar Garg answered
Since the share of your mother has not been transfered in your name on the basis of unregistered will , you can,t lease it out till the property is transferred in your name. Your father or other Lrs of your mother can challange the will. If you succeed in proving the will , only then you can get the share of your mother. other wise an unregistered will is also a valib document if it is proved or not contested by other Lrs of your mother.