My father sold the property to third person without informing

814 votes

Dear sir/mam,
In your case if the property is self purchased by your father then he is absolute owner and he can sale, but if it is an ancestral property then you and your mother can claim.

Secondly, your mother and you may claim maintenance from your father if you are not able to maintain yourself by filing an application before the Magistrate. and your mother may approach the court under section 9 of Hindu marriage act for Restitution of Conjugal Rights - (Right to stay together).

Advocate Minu Sinha LawRato

867 votes

Depends upon the nature of property if the said property has been earned by your father then he can sale without consent in the other situation if it is your ancestral property then you can file a suit

Advocate Shailendra Kumar LawRato

679 votes

It is very appreciable thing that u r taking care to your ill and handicapped father .
If he sold his self owned property without your consent than he has discretion for it.

If such property is acquired by the ancestors than he can not sale such property bcoz other family member have legal right to claim their share.

If this property is ancestors property than u can file partition suit and also make a prayer for injunction.

LawRato LawRato

988 votes

Is the property in ur father's name? Further , is the property HUF property ? If the property is in your father's name or HUF property, he can sell the same but proceeds of the sell should be used for family well being and not solely for your father's personal use as under law your father is duty bound to maintain his family.

Advocate Kumar Abhimanyu Pratap LawRato