643+ Lawyers are online 
Brother sold my share in parent's property without telling me
27-Apr-2023 (In Property Law)
Property was in the name of my father. Father didn't do any will.After few years mother passed away. So automatically property's owner is me and one of my brother. But now i came to know via certified copy that my brother has sold out without my intimation and given a verdict that he is only legal hearer after my parents death. He has taken many things but I have no proof.. can I take criminal case and give him a punishment..?
Sir, your brother has declared on affidavit in heirship certificate that he is the only legal heir. So obviously he would get punishment as per law. I would advise you to file a state case (as you will have less expenses compared to complaint case) and also institute a civil case for recovering your share of money. Please call if you have any questions.
Helpful?
40+
40+
Adv. Swapan Kumar Dutt
Kolkata | 25+ Answers
CONTACT NOW
Can a sibling be forced to sell?
A partition action may be filed by other siblings or owners of the property if one sibling refuses to sell an inherited home. 18-Oct-2023
How do I stop my brother from selling my property?
You cannot sign away your interest in the property. He may need to go to court in order to separate his interest in the property so that he can only sell half of it.
What are the property rights of brothers?
You can do this by filing a lawsuit or without one. According to the Indian law on property distribution, each brother gets an equal share of ancestral property. If there is a testament, it is used to divide the property among those named in the will.
Can I sell my property even if my brother who is a co owner doesn t want to sell?
When the co-owners shares are specifically stated in the sales deed, a coowner may sell their part without the consent of another co-owner. If the share isnt stated, a co-owner must ask the consent of the other before selling. 18-Apr-2022
After the demise of your parents who died intestate (Without making any will), you and your brother both shall be the joint owners of the property. If your brother sold the property suppressing your name at first you file a suit for cancellation of sale deed and also pray for in junction so that no further transaction with respect to the property could take place, you also file an FIR for forgery, cheating, criminal breach of trust etc against your brother, you will certainly can exert your right. All the best. Regards
Helpful?
44+
44+
Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
CONTACT NOW
What happens when one sibling is living in an inherited property and refuses to sell
What to do if my brother starts construction on my ancestral property without my consent
How to partition property when one sibling is not willing
Someone sold my property without permission in India
Can I sell my share in property between me and my brother
this particular type will go to a civil court not in a criminal court as it is related to property. But criminal proceedings may be conducted, but for that advice detailed information is required. I think a face to face interaction will be better for it.
Helpful?
50+
50+
Adv. Sreemon Bose
Kolkata | 200+ Answers
CONTACT NOW
All owners must sign and consent to any property sale.
Helpful?
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.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
