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Son harassing sell can property be sold without sons will
07-May-2023 (In Property Law)
my father and my mother(jointly) have one flat in delhi and my father died without will. we are 3 brother and sisters. now my mother want this flat sell but my brother is not willing. pls tell me how can she sell this flat without consent of my brother. she is 79 years old. Is there any law by which my mother can sell this property. she is 79 years old and facing humiliation by her son
Hello,
For the query you posted, I would suggest the following:
Considering the property to be your father's self acquired property, rights are created in the same in your mother's name. Along with it, recent supreme court's decision supports her claim.
I hope that answers your query.
Best
M.Faris
For the query you posted, I would suggest the following:
Considering the property to be your father's self acquired property, rights are created in the same in your mother's name. Along with it, recent supreme court's decision supports her claim.
I hope that answers your query.
Best
M.Faris
Helpful?
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Adv. Mohd Faris
Delhi | 100+ Answers
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She can sell out her property being the actual owner in possession and the said property is in joint ownership. She has full rights over the property and nobody has right title to restrained the selling out the property.
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Adv. Harsh Kumar Gautam
Delhi | 100+ Answers
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If the said property belongs to your husband and he died intestate.then all the sibblings along with your mother have share in that property. no one can sell the property without​ co share's consent.fir humiliation there are other remedies available to her
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Adv. Puja Shrivastava
Delhi | 100+ Answers
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Dear if this flat is ownjointly then mother has only 550 share in this and 550of your father who has expired without any will hence your mother alone has no right in full proerty and your brother has right over 50 % and pl contact with complete document
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Adv. Bir Singh
Delhi | 25+ Answers
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As your father died without a will and has half share in the flat, his share devolves upon all the surviving heirs, i.e your mother and all the children. Your brother is entitled to a share in the said flat. He cannot be excluded from the sale.
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Adv. Ekta Mehta
Delhi | 25+ Answers
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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.
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