how to challenge illegal joint property sale by mother without RD


Dear Sir, My father died interstate without a WILL and has left a flat without any nominees. My mother pressurized me to relinquish my share as a co-owner. I agreed to relinquish my share via email initially under pressure but eventually did not actually sign a release deed as I found them cheating. Later my mother sold the flat without informing me and without any release deed. Is this sale valid now and can I challenge it in the Court ? can you suggest a lawyer

Answers (3)


468 votes

If the said flat is purchased out of joint family income by father in his name both of You are have right in the said flat. Further just see who was nominee if flat is in society. Its also to be looked if the Flat was in joint name of father and mother. 

As far as challenging the sale, you have every right to challenge said sale deed and your share in said flat by filing civil suit for partition and challenging the sale deed too.

156 votes

sir, you can intiate civil as well as criminal proceeding against your mother and all the other persond witnessed, signed the said deed and very well challenge the so called deeeds in the courts of law. on perusal of your story it definately prima facie attracts the criminal offence.


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299 votes

Hello Sir,
If the said flat is purchased out of joint family income by father in his name both of You are have right in the said flat. Further just see who was nominee if flat is in society. Its also to be look Flat was in joint name of father n mother.
As far as challenging the sale you have every right to challenge said sale deed and your share in said flat by filing civil suit for partition n challenging sale deed too.
Regards
Pramod Kale advocate

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