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Can my brother sell property without my consent? What to do if my brother sold my share in parent's property?
27-Apr-2023 (In Property Law)
My father owned the property, but he did not leave a will. After a few years, my mother also passed away. So, as per Indian family law, the property should be jointly owned by me and my brother.
However, I recently found out through a certified copy that my brother sold the property without informing me. He falsely claimed that he was the only legal heir after my parents' deaths. He has also taken many other things, but I don't have proof. Can I file a criminal case against him and get him punished for this fraud?
However, I recently found out through a certified copy that my brother sold the property without informing me. He falsely claimed that he was the only legal heir after my parents' deaths. He has also taken many other things, but I don't have proof. Can I file a criminal case against him and get him punished for this fraud?
Sir, your brother falsely claimed in the heirship certificate that he is the only legal heir. This is a serious offense, and he can be punished under the law.
I recommend filing a state case, as it will cost you less compared to a private complaint case. Additionally, you should also file a civil case to recover your rightful share of the property or money. If you have any questions, feel free to contact me.
I recommend filing a state case, as it will cost you less compared to a private complaint case. Additionally, you should also file a civil case to recover your rightful share of the property or money. If you have any questions, feel free to contact me.
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Adv. Swapan Kumar Dutt
Kolkata | 25+ Answers
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Since your parents passed away without a will (intestate), both you and your brother are equal legal heirs to the property. If your brother sold the property by hiding your ownership, you should immediately:
- File a suit to cancel the sale deed and request an injunction to stop any further transactions related to the property.
- Lodge an FIR against your brother for forgery, cheating, and criminal breach of trust.
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Adv. Ujjal Kumar Ray
Kolkata | 400+ Answers
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This case primarily falls under civil court as it involves a property dispute. However, criminal proceedings may also be possible, depending on the details of the case. For proper legal guidance, it would be best to discuss the matter in person with a lawyer to understand your options better.
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Adv. Sreemon Bose
Kolkata | 100+ Answers
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All owners must sign and consent to any property sale.
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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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