265+ Lawyers are online 
Property Dispute after Father’s Death Avoiding force sale of property
27-Jun-2023 (In Property Law)
I wanted a legal advice for a situation “ Father (M)owned a flat in Dwarka Delhi — passed away in 2016. He was living with eldest son’s (U) family from starting. Father has 2 sons and 2 daughters. After demise of father- property was not transferred and there was no will. Eldest son family continued to live. Now younger son passed away. Younger son’s wife wants her share and want property to be sold and is threatening to go legal.”nCan eldest son avoid force sale and best way to move forward.
After the intestate death of the father, the property devolved upon his wife and children. And if the son has died then his wife and children will have right over the property. No child can divest the right of the other child over the property. All the legal heirs will have equal share as per Hindu succession act. However if one son is in possession of the property, and the property is a dwelling house, the sale of the same can be stoped from the court. For better advice, feel free to contact
Thanks
Thanks
Helpful?
Adv. Bhawana Pandey
Delhi | 500+ Answers
Chat
How do you deal with disputed property?
Negotiation, mediation, arbitration or litigation can resolve property disputes. It is important to consult a lawyer if you find yourself in a dispute of this nature.
What happens to disputed property in India?
In India, you can resolve property disputes by settling through mediation, filing civil suits in court or using alternative dispute-resolution mechanisms like arbitration or conciliation.
Can a disputed property be transferred to another person?
The Doctrine can therefore be said to give the court power, jurisdiction, or control over the disputed property. The party in a suit of title dispute cannot transfer the property, or make any decisions that could interfere with court proceedings. 31 Oct 2020
Can we sell a property when it is in case?
You can sell your property, unless the Court has issued a stay order. The buyer should know about this. You could get in even more trouble if you try to conceal it.
If father has died intestate then property shall be divided equally among all legal heirs of father. Younger son’s wife can file suit for partition & possession for her share and she can even sell the same ! In reality no one buy such disputed share ..rest u need to hire expert advocate for further proceedings
Helpful?
Adv. D. Khan
Delhi | 500+ Answers
Chat
Hello Sir
as per the facts stated by you there can be a civil suit for partition of the property
she has all the liberty to move to the court for her share in the property
the best way to avoid hassle is to chalk out the iut of court settlement
please feel free to call us
thanks
as per the facts stated by you there can be a civil suit for partition of the property
she has all the liberty to move to the court for her share in the property
the best way to avoid hassle is to chalk out the iut of court settlement
please feel free to call us
thanks
Helpful?
Adv. Harneet K
Delhi | 100+ Answers
CONTACT NOW
Dear client
In case of no will being present. The property will be divided among the class 1 legal heirs, a widow is not considered as a class 1 legal heir, she cannot force a sale on the said property.
Will need further details to advise you further on the above property’s distribution.
Feel free to reach out for further discussion.
Regards
Adv. Abhinav Sharma
In case of no will being present. The property will be divided among the class 1 legal heirs, a widow is not considered as a class 1 legal heir, she cannot force a sale on the said property.
Will need further details to advise you further on the above property’s distribution.
Feel free to reach out for further discussion.
Regards
Adv. Abhinav Sharma
Helpful?
Adv. Abhinav Sharma
Delhi | 500+ Answers
CONTACT NOW
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.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
