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Mother is selling the house to help brother with business loss
05-Dec-2024 (In Property Law)
My mom owns the home she lives in which is located in Delhi, India.
She now wants to sell the house as my brother who lives with her, has suffered a loss in business. My mom was a housewife throughout her life. My father brought this property on her name using his money and some support from my grandfather.
I do not agree with this. Either she sells and give me my share or the house should not be sold.
What are my options.
I am married, and an Indian citizen.
Since the property was purchased by your father but is registered (as mentioned she owns the property) your mother's name, it is considered her self-acquired property unless otherwise proven.
As the absolute owner of the property your mother has the legal right to sell it without requiring any consent. This includes situations where the funds used for the purchase came from your father or grandfather.
You, primarily cannot claim a share in the property during her lifetime unless you establish that it was purchased by your fathet and your father died intestate or is part of ancestral property, which could make it subject to different legal principles. If you strongly oppose the sale of the subject property you may file a lawsuit seeking a temporary injunction to stop the sale, but you would need to provide substantial evidence supporting your claim.
Helpful?
Adv. Abhishek Tiwari
Delhi | 25+ Answers
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As the property is in her Name , she has right to sell but you can ask your share in the property, she has the choice to give you or not . you can just ask for your share. the process is very simple. if you want to take the share
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Adv. Mukesh Kumar Sah
Delhi | 200+ Answers
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You only have a birth right in an ancestral property in self owned property you do not have any right. You only get a share or property in your name when you get it in an intestate, by will or if she gives her property to you by consent or gift
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Adv. Karishma
Delhi | 50+ Answers
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If your father has purchased the house from your fathers funds that doesn’t mean it will hv your share until it was purchased via the funds of HUF or joint Hindu family funds or trust or u were in fiduciary relations
U need to hire expert advocate
Plz b in touch
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Adv. D. Khan
Delhi | 1000+ Answers
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Your mother, being the legal owner of the property, has the right to sell it, even if your father funded its purchase. As her children, you do not have an automatic claim to the house unless specified in a will. If you disagree, your best option is to negotiate with her regarding your share from the sale proceeds. For further legal guidance, it's advisable to connect for a best legal remedy.
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Adv. Tejas Mehta
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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