Father's properties dispute -can brother sale without my concent

886 votes

if you brother is planning to sell the property you cannot sale property without your consent and if your mother is alive he cannot transfer or assign property. You have to atfirst clear out what is the position of the property right now now of the day to take the legal actions by way of sum civil application or also in the concerned department and authority

Advocate Shivang Lalani LawRato

779 votes

that property belongs to your father and if they died without any will then definitely you can also have a portion of the property of your father as you are the legal heir. for that consult a civil lawyer.

Advocate Nirmit Pathak LawRato

547 votes

Sir

Under the Hindu law, if any person dies intestate (without will) then the estate of the deceased would be inherited by all its legal heirs jointly which includes (wife, son, daughter).

So here, since your father expired intestate, his entire estate, would be inherited equally between you, your brother, and your mother. So the said property cannot be sold by your brother or be got transferred in his name. You have equal right in such property and you are a deemed co-owner (or in legal terms a tenant - in - common).

So, now if you apprehend that your brother is going to embazel the property, then you have remedy to file a suit for partition and get your share separated from the estate and till the time such share is determined, you can seek injunction over the property, so any fraud transfers are not effected.

I hope the above satisfied your query aptly. If you have any further quesetion, then do not hesitate to contact please.

Advocate Vivek Mapara LawRato