Siblings property issue ..consent of wife and children mandatory or no

532 votes

In this situation, since the property was purchased in 1990 and included the names of the mother and two minor brothers in the sale deed, all three became co-owners of the property. When the brother who purchased the property died in 1996, his share would have devolved upon his legal heirs, including his wife and children, as per the Hindu Succession Act, 1955. Now, regarding the brother who is a drunkard and neglecting his family, and is trying to sell the property without the consent of his wife and children, the following legal points and steps apply: 1. No Co-owner Can Sell Entire Property Alone: If the property is held jointly, no single co-owner can sell the entire property without the written consent of the others. He can only sell his share, and even that would be subject to partition. 2. Wife and Children’s Right: If this brother inherited any part of the property from his father (who died in 1996), then his wife and children are legal heirs to that inherited share. They have a right to object if he is trying to sell the property without their knowledge or consent. 3. Legal Action – Injunction: The family (mother, other brother, wife, and children) can file a civil suit for partition and also seek an injunction in the local civil court to stop him from selling or transferring the property till the case is decided. 4. Protection of Wife and Children: Under the Hindu Succession and Domestic Violence laws, the wife and children can approach the court to protect their right of residence and prevent illegal sale, especially if they are dependent on the property. 5. Collect Evidence: Gather all relevant documents—original sale deed, death certificate of the deceased brother, family member certificate, and any proof showing that the brother is trying to sell the land. By taking timely legal steps through civil court, the property can be protected from any wrongful sale or transfer.

Advocate Upparapalli Shruthi LawRato