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Father wants to sale the flat but I want to stay can I object ?


12-Dec-2023 (In Property Law)

I am since many years living in the flat with my parents. My father who bought and owns this flat wants to sell and leave India to settle in Australia where my brother, sister are living. Whereas I want to continue living in India and in this flat and do not want to sell this flat since want to live in India. Kindly guide if I there is any provision in any law by which i can stop him to sell this flat since otherwise I will be forced to leave the house, if he sells it. Kindly help and guide as what to do as is in great tension.

Answers (3)

Answer #1
780 votes
If it is a self aquired flat then you may not be able to take any action. He can do so as he wishes. If u don't have any right no remedy is available, please check the title of the flat and let me know to give u elobrate legal opinion, but as far as peima facie case u dnt have right in father self aquired property.
Answer #2
780 votes
Hi
If this flat is owned by your father he is legally entitled to deal with this property the way he likes including selling the same. The fact that you are his son and lives with him makes no difference.
Answer #3
977 votes
There is no law in India if son is not minor then he cannot restrain to the father who bought the property from own earning but you are in possession so you can go for permanent injunction only to make delay in sell proceeding.

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