Property being divided by shares and demands public auction
26-Feb-2023 (In Property Law)
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..
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.
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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