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What can be done to stop the sale of a building by brother


15-Apr-2023 (In Property Law)
We are two brother .Recently my father prepare a deed of danpatra to my elder brother of his building there he (father) mentioned some part which has given to my elder brother. All this happened without notice me and my mother an other family members. Now he is try to sell this part of building without my permission and request to a third party, We are very much in trouble. My father is nothing give to me. What should I have to do.
Answers (3)

Answer #1
761 votes
Danpatra for immoveable property is to be registered. If danpatra for immoveable property is not registered then it is not effective.
However, since your father is alive, his danpatra is not effective for lack of registration. Your father is still the owner.
Answer #2
695 votes
Since the property belongs to your father, he can gift the same to whoever he wants. However, if you think the gift is not with free consent of your father and if you can somehow file a suit for cancellation of such gift and allege in the Court that such gift has been obtained by your elder brother practising fraud, undue,influence, misrepresentation etc., you can get an interim order of stay and your elder brother then cannot sell the property, thereafter if your allegation is established before the Court such gift shall be cancelled. All the best. Regards
Answer #3
595 votes
Sir
The property belongs to your father, so, he have every right to deal with it. He can gift and or sale his entire or part property of his own choice, where you cannot argue.
The only thing you can do, is to retain the possession.
Thanks

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