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brothers sold entire house that had my share without informing me


10-Oct-2023 (In Property Law)

We are 1 sister and 2 brothers (all married). Our Father died (5 june 2005) without executing any Will, leaving behind 2 properties (1 house and 1 shop). My brothers promised (orally) me to give one floor in that house but they kept on delaying it on one pretext or the other. But last month they sold the entire house without my permission. Now I want my share in my father's property. Kindly suggest me as to under what provisions of law can I get my share? What kind of case should I file in court? What reliefs should i seek? Can I initiate any criminal proceedings againt them also?

Answers (3)

Answer #1
632 votes
Yes you may file a criminal complaint against your brothers for selling the property behind your back without your consent. At the same time you have the option of filing a suit for partition seeking your share in the remaining property. Precise details of the available actions need elaborate discussion
Answer #2
727 votes
Under the relevant provisions of the Hindu Succession Act, all the legal heirs have equal share in their father's self acquired property. None of the legal heir in his/her individual capacity can sell off the property on behalf of other legal heirs unless and untill the remaining legal heirs relinquish their rights or execute a Power of Attorney in his/her favour. As a preliminary step, please file an injunction suit against the said property so that the said property is not further sold. Secondly you should approach the court for cancellation of the Sale Deed. Further, the query is incomplete and there are certain questions which need to answered by you.
Answer #3
783 votes
Dear Concerned,

You can file a suit for declaration, partition and possession. you can also file criminal proceedings. .

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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