Property being divided by shares and demands public auction

Respected sir,i want ur advice on the issue of sharing of property as I have 2 houses in Delhi nd there are total 6 shares in houseA and 5 shares in houseB in house A there are 4 brother and 1 sister and a share of brothers wife nd in another house position is sme but brother wife share is not joined now the situation is the brother nd his wife who have shares wants to sell both the properties as the property is under our father's name in public auction plz guide us how to stop them for making property divide and suggest us measures how to stop this auction as we have nowhere to live nd the amount aftr dividing the property we get is also very less and it will further makes no use help us soon..

Answers (3)

75 votes

Dear Sir/ Mam,
if your father is alive and property A and B are the properties which are self acquired by your father then. NO Auction can take place on demand of prospective stake holders before death.
but in the case if the property is of corporeal nature/ ancestral property then they could only demand their share. not the public auction. the auction can take place after the actual share in the property is finally decided by the competent court.

there are remedies available in civil laws as well as in misc. laws to prohibit such kind of auction.

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342 votes

If you are goverened by the hindu law then hindu succession act deals with the intestate succession of the property among the son and daughters only and in case of son and daughter is not present then their children and non else other than mother.........

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In such a case you will have to file a suit for partition with a prayer to injunct your brother from selling his share . In order to save your share suit for partition is very important, this will ensure that your share is safe till final disposal. Plz contact m for further advice .

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