Can my dad sell his property without my mom sign
Kalpana
(Querist) 19 September 2016
This query is : Resolved
Hi,
I'm from Chennai. We stays in our own house for the last 27 years. Due to some personal reason's myself, Mom and Brother came out of that house and staying in some rental house.
I got to know that my Dad is planning to sell our house without our knowledge. Please help me out by answering if it possible for him to sell that home without our signature?
If yes, is it possible to stop selling by filling any case over the property (our home).
NOTE: House is in Dad name, but it doesn't mean that he is the sole owner. The land and ground floor is built with his own money. But first floor and partial second floor was built with my MOM and My salary as we were working that time.
Adding to this, my Mom working as a teacher for the last 24 years soon after marriage and I went job and gave money to built first floor before my marriage.
Pls help me out on this.
Thanks in advance!
Kumar Doab
(Expert) 19 September 2016
If title and ownership is on your father's name then can sell.
Do you have any evidence of your claims?
Is their any injunction on sale?
Rajendra K Goyal
(Expert) 19 September 2016
The house is in the name of father, he can sell / gift / mortgage / bequeath a will for the house, you can not check him.
Kalpana
(Querist) 19 September 2016
Thanks for your reply.. Yes, we do have salary certificate what we earned while building the first floor of our house.
Is it possible to file any case and stop selling the house?..
pls suggest..
Guest
(Expert) 19 September 2016
Dear Kalpana,
You are in a sheer misunderstanding if you think, "house is in Dad name, but it doesn't mean that he is the sole owner."
You can't stop him from selling the house.
Guest
(Expert) 19 September 2016
Dear Kalpana,
About your statement in supplementary post, having salary certificate what you earned while building the first floor cannot prove that your dad is not the sole owner of the house.
About your further question, "is it possible to file any case and stop selling the house," everything is possible, if you have to drag your father in the court of law, but all depends upon how you are able to prove that he is not the sole owner.
Hemant Agarwal
(Expert) 19 September 2016
1. "IF" "documentary evidence" is available towards monetary contribution to building of the said property, THEN appropriate civil suit and injunction against sale, is possible, till disposal of suit.
2. Other legitimate twisted options can be used to restrain the sale of residential property.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kalpana
(Querist) 19 September 2016
Thanks a lot Kumar Doab, Rajendra K, P. S. DHINGRA and Hemant Agarwal.
Could you also pls let me know how much it will cost to file a case in court for this?. I mean court fees.
Will it differ between states. Does any one aware of Tamilnadu/ Chennai court fees to file a case for my problem?
Kalpana
(Querist) 19 September 2016
Dear Hemant,
What is legitimate twisted options? can you please give me some example or idea abt that.
Guest
(Expert) 19 September 2016
You are welcome.
cherukuri prasad
(Expert) 19 September 2016
Therefore your dad is ostensible owner as per transfer of property act. You can get injunction from court.
Rajendra K Goyal
(Expert) 20 September 2016
legitimate twisted options:
Differ from case to case, can discuss with your lawyer on the basis of case file.
Kumar Doab
(Expert) 20 September 2016
Fee, time, options,merits etc can be opined by your counsel after examination of all records, inputs that you may have.
Raj Kumar Makkad
(Expert) 20 September 2016
If your mother files DV Act case against your father then definitely she can get stay order against sale of the residential house wherein she is residing even though the same is owned by your father otherwise this is not a ground that your mother also contributed in acquiring the said property which ultimately is duly owned by your father.
Guest
(Expert) 21 September 2016
Ms. Kalpana,
Up to what extent your statement, "my Dad is planning to sell our house without our knowledge," should be treated as corrrect, when from your own query it is clear that your dad's plan is already in your knowledge?
SACHIN AGARWAL
(Expert) 30 November 2016
Yes. Your father has every right to sell the house under the law since he is the absolute owner. If the house is ancestral property or was purchased using ancestral funds, you have a right therein otherwise not.
Your mother can file a case for Domestic violence and in that case your father can be restrained from alienation any of his property.
Contact some local expert.
Guest
(Expert) 30 November 2016
Ms. Kalpana,
As Shri Kumar Doab opined, "Fee, time, options,merits etc can be opined by your counsel after examination of all records, inputs that you may have," you are sure to lose money, time and efforts in getting merely an opinion on paying a fee, when your father is absolute owner of the property. Neither your mom, nor you, nor your brother has any say in disposal of his property in any manner he likes. Even if your mom files any case, including that on false dv grounds, she can be able only to create some hurdles for some time for your father tending to lose more goodwill for the family as a whole in the eyes of your father.
Better have some amicable settlement by understanding his expectation for care and comfort by his family in his old age.
Rest depends upon your own wisdom.
Kumar Doab
(Expert) 30 November 2016
All of your queries have been answered.
Once again, tapping your foremost concern:
"if it possible for him to sell that home without our signature?'
Answer is yes; since he it owner of the title.
Rest is matter of facts and record and merits.
Since you alone would know the compelling reasons due to which the entire family i.e; legally wedded wife that left her family to join her husband, the sons and daughters fathered by your father,..............................came out of the house of father...............in old age of mother ( NOT FATHER ALONE) and tender or younger age of sons and daughters..................
Probably your father was an abuser..............abuser of rights and love and affection that a wife, sons,daughter would provide to a man, who is a father.
Therefore you alone can take a qualified call on it.
If the aged wife ( your mother ) and adult sons and daughters are convinced that it is required to act...................then they may act.
If this aged father is unworthy and want to give another blow to his wife, sons,daughter.......................by selling the house..................that is not raised and built by his money alone..............then all of you can take your final call to give him befitting answer.
Your counsel can guide you further, as already suggested by many experts...................Mr. Hemant Agrawal, Rajendra K Goyal, Mr. cherukuri prasad.
Sanity is not the trait while dealing with an abuser.
Guest
(Expert) 30 November 2016
Do you have any proof that first floor and partial second floor was built with the salary of your MOM and yours?
Kumar Doab
(Expert) 30 November 2016
Your post;'Due to some personal reason's myself, Mom and Brother came out of that house and staying in some rental house. '..............does point to your feelings.Although you have not explained details.
Finer nuances are known to you.
Subsequent options have been posted for you.
Rest the finer details can be discussed by you with a very able counsel.
