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Can father sell property without my approval if it is in our name
27-Mar-2023 (In Property Law)
Hi, I am a Sikh, who is living with my wife and son, my father also stays along with us. My father and mother are separated but not divorced, and stay separately. The property which I stay in belongs in a joint name between my father and me, and there is a loan tenure which is split between my father and me. Since the last 10-15 years all expenses of the house, including maintainance, renovation, have been borne by me. The question is can my father sell the property without my approval.
These are my following suggestions to you:
1. You should collect the papers evidences relevant to your case;
2. You should collect evidences of your flat from the office of sub-registrar;
3. You should write a personal letter to the your dad that you are the real owner of the flat;
4. If he still doesn't respond, then issue a legal notice through a lawyer to him stating that you are the real owner
of the land;
5. Then last stage you can file a case in court whether a suit or an FIR in police station;
6. Since you are taking care of the flat for more than 12 years (if so) then you become the sole owner (if you
claim it court) of the flat by law of adverse possession;
7. Plus you father cannot sell the flat, since you both are joint owners nonetheless.
1. You should collect the papers evidences relevant to your case;
2. You should collect evidences of your flat from the office of sub-registrar;
3. You should write a personal letter to the your dad that you are the real owner of the flat;
4. If he still doesn't respond, then issue a legal notice through a lawyer to him stating that you are the real owner
of the land;
5. Then last stage you can file a case in court whether a suit or an FIR in police station;
6. Since you are taking care of the flat for more than 12 years (if so) then you become the sole owner (if you
claim it court) of the flat by law of adverse possession;
7. Plus you father cannot sell the flat, since you both are joint owners nonetheless.
Helpful?
Adv. Gowaal Padavi
Mumbai | 500+ Answers
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Since the property is jointly owned by u and ur father, it cannot b sold by ur father alone without ur consent and permission. Ofcourse father can ask for partition and separation of his share and than, he can sale out his separated share
Helpful?
Adv. N.D Jain
Nagpur | 25+ Answers
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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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