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What to do my father is selling property without anyone consent


02-Jul-2023 (In Property Law)
I need suggestions on property case, my father is randomly selling ancestral property without agreed all of us. so i want atleast current sell to be on hold till allocation between father brother and sisters, we are two brother and two sisters.
Answers (3)

Answer #1
800 votes
You need to institute a Title Partition Suit at once. In the said Title Partition Suit, you can seek injunction against your father from alienating the ancestral properties before partition. In the meantime, as precautionary measure, you can give a written representation to the concerned District Registrar -cum- District Magistrate of the concerned District where the properties are situated requesting to not allow registration of conveyances likely to be executed by your father. Although the District Registrar -cum- District Magistrate has very limited power to hold registry, nevertheless he/she can stop the same for limited period awaiting the verdict of the court and on other legal ground.
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Answer #2
563 votes
Though as karta of Hindu Undivided Family your father can sell ancestral property. But if any member of the said family opposed it, he can not do the same. Contact a good lawyer, apprise him about all facts, documents and act accordingly as per his advice
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Answer #3
508 votes
A person has no absolute right to sell coparcenary property. You all can file a partition suit for allocation of your shares and in suit file an injunction petition for granting the stay, regarding the selling of the property by your father.
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