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How to get a stay on property transfer to elder brother's name


30-Apr-2023 (In Property Law)
Sir.... My father has dies and all the property earned by him was in the name of my mother. And now she is trying to hand it over to my elder brother only.. V are four children, two sons and two daughters. How can v give a stay for the propety exchage. Even if v dont get an equal share how can make sure that the property reamins contant.
Answers (4)

Answer #1
697 votes
You can file a suit under the provisions of Prohibition of Benami Transactions act. And from there you can get an injunction against your mother.
After that you can also file a civil suit for partition with possession.
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Answer #2
895 votes
Sir you can file partition suit against your mother and implead your brother's as well in the suit and with the partition you have to claim possession as well as injunction against them due to which they will not sold out the property.
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Answer #3
726 votes
Sir i have to discuss other facts as well and only after that i can give you a final opinion. As of now i can say that we can file a case for partition in equal proportion but before that please fix a meeting and discuss it in detail.
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Answer #4
553 votes
You can file a partition suit to claim your share in the property. Considering that you a Hindu (governed by Mitakshara school of personal law), and you have 3 siblings including a brother and two sisters; you will get 1/5th share in the property as your legal right.
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