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Legal procedure to get stay order against sale of property by sister
08-Feb-2023 (In Property Law)
We have an ancestrol property. My father is alive and not in good health. I have been taking care of him. We are two children. I have an elder sister and i am the younger son. I am taking care of my father. I am well aware that my sister also has 50:50 rights on the property and am willing to give her fair share when we sell. But she wants to divide the property as 3:2 in her favour. I do not want to sell the property now. Can i place a stay on the property to stop my sister from selling.
You and your sister claiming a share of the ancestral property will arise only after your father's lifetime, and not earlier. Legally, your sister cannot claim more than an equal share. She cannot sell the property now.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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Your sister has equal rights like you and if she demands partition it has to be done and she can dispose her share as she wish. But she will not get more than you . But your demand for stay against the sale is not practical.
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Adv. G. Asok
Chennai | 200+ Answers
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Dear sir, your sister have no right to sell her property without any partition or your singature in case of ancestral property, You may file suit for partition and got an interim order not to dispose the property.
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Adv. Gopinath Ramanadane
Chennai | 100+ Answers
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file an injunction suit restraining your sister from alienating the disputed property. you can directly file the case in the court and stop the further sale of the property . you should approach the court in the early stage other wise any sale or agreement made by your sister will affect you.
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Adv. Satish Kumar
Chennai | 500+ Answers
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