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Can my brother sell joint property without other brothers permission


27-Nov-2023 (In Property Law)
My Brother built a house in Lavkush Nagar, Bhopal around 1996. At that time I was living in other city. In 2002 i along with my parents shifted to Bhopal and My brother only advised me to built 3 more rooms on the terrace of the house. I did the same and started living there without any legal formality. In 2010 my brother asked me to do the separate registry of the upper portion and it was done in my name. So the upper portion including the terrace is now registered in my name. With time and mis-communications he developed several prejudices, hatred and all of a sudden he stopped communicating with me. Recently i heard that he has purchased yet another house in some other area and soon shifting to his new house. Though i am not sure but i heard from my relatives that he has mortgaged the present house and availed loan against it. My problem is HOW SAFE IS MY PORTION and can he sell the house without my knowledge? Kindly advise me, as he stopped all the communications with me.
Answers (2)

Answer #1
698 votes
Your portion is safe because you purchased it from your brother.
Your brother can sale or mortgage the property without your content up to his share. You can claim frist priority to buy his portion through civil suit.
Answer #2
903 votes
your query seems that, the property where you live owned by your brother, Its not your parental property. in this circumstances you have no direct right over this property. however, you have built three rooms, and staying with your parents since more than 12 years. this can help you getting legal recourse in case of any disputes of sale / purchase by your brother. The case favour YOU.

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