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Parents own joint property and are separated can father claim share


25-May-2023 (In Property Law)
My parents own 50% share each of our house with no loans pending. My parents are separated, my father lives in a rental house somewhere in the city with a woman. He has a 2 year old child with this woman. My mother lives in our house. The deed of the house does not state which part of the house or plot is the mother's or father's. My question is - can my father sell his share of the house without my mother's consent? Under what conditions can he sell his share of the house?
Answers (2)

Answer #1
733 votes
normally this has not been possible because until there is not clearly division that which portion belongs to your mother until then he will not sell the part of property but on the other he will take loan and pledge that portion in the property thus in that way he will sell the property but to protect the property there is also remedy thank you . for further inquiry kindly contact
Answer #2
574 votes
Yes, your father has every right to sell his share but not any specific portion of property in question. But in case there is any writing qua apportionment of the said house then it has to be seen. No specific conditions are required for your father to sell his share. He can sell his 1/2 share in the property. Though the same is challengable by your mother before court if he sells any specific portion.

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