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Mother and sister trying to sell property without NOC from legal heir


12-Nov-2023 (In Property Law)
Respected sir, i am from chennai. Sir my father had passed away in the year 2015. Me and two sisters are legal heirs. In his name he had property in chennai . Now my mother and sisters are planning to sell a part or position of the property without my interest. Question : 1. I want to know without my sign is there any possibility for them to sell the land? 2. If means how to stop the process of the selling the land? 3. Is there is any way to legal notice to stop this process. Please kindly give your suggestion. I am need of your favor
Answers (3)

Answer #1
829 votes
Hi sir/madam.
First tell me that property which name riegister.
Your father owner mean you also one of the share holder so you don't worry.
They have sell that property Without your signature you have rights to file case against her

Answer #2
524 votes
On the presumption that your father died without leaving a will, his estate will devolve on all the first-class legal heirs of your deceased father, namely, your mother, your father's mother (if alive), your two sisters and yourself. All of you are legally entitled to equal shares. Therefore, your mother and sisters alone cannot legally sell that property. You may issue a legal notice to them, as a preemptive measure.
Answer #3
595 votes
Your fathers property is common to you ,your sisters and your mother. Without a succession certificate from the court none of you can act as legal heirs. If you want to stop their move move the court and get an injunction against the sale and simultaneously apply for a succession certificate and make the others as opposite parties.

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