Sale of property without the knowledge of legal heir.
Prabhu
(Querist) 05 January 2013
This query is : Resolved
Sir,
I am an Non Resident Indian, seeking your valuable advice. My mother is trying to sell my father house (house is registered in my father name and my father is no more now) without my knowledge by hiding my legal entity. My name & my mother name was there in the legal heir certificate and by hiding this, my mother tries to sell my father house. Is it possible for my mother to sell my father house without my permission? Moreover, kindly advice the possible steps that i need to take to protect my father house from sale? The house is located in Tamilnadu, India.
Raj Kumar Makkad
(Expert) 05 January 2013
Your mother cannot legally do so as you have 1/2 share in the house property. Immediately obtain a stay order against the efforts of your mother.
Prabhu
(Querist) 05 January 2013
Sir, Is it possible for an NRI to approach the court thru' Indian Embassy for obtaining the stay order? Please suggest all the available options. I ask this because, during my last vacation to India, my mother tried to put case against me in attempt to kill case, but during the police enquiry, i told the problems in detail and proved that i didnt do anything wrong as my mother said and returned back to abroad with painful heart. Now i fear that my mother may do life threatening acts against me as the property value crossed crore
Kiran Kumar
(Expert) 05 January 2013
give your Special Power of Attorney to someone in order to file a case, the embassy wont be a help to you.
Prabhu
(Querist) 05 January 2013
Sir,
Please guide in detail as what case i need to file in this issue? I dont want to file partition suit. I need to protect my father house from sale without my knowledge. Which case i need to file in this aspect through the power of attorney? Is it possible to file complaint in the register office where property registrations are made? or that complaint should be forwarded thru' court?
Please guide.
ajay sethi
(Expert) 05 January 2013
is it a falt in cooperative society ? you have not mentioned whether it is a flat in society or independent house . if it is a flat write to secretary of the society and request them not to transfer any flat as you are co owner of said flat on your father demise
Raj Kumar Makkad
(Expert) 05 January 2013
You need to appoint either of your trusted person as your power of attorney and he can file a civil suit for injunction seeking restrainment order of selling the house in question.
R.K Nanda
(Expert) 06 January 2013
take stay order from civil court in ur state
against ur mother so that she cannot sell the
house without ur NOC.for filing suit in court
in India appoint a person as SPA of you.
R.venkatesh Naidu
(Expert) 14 January 2013
your mother has right to sell her share in the said property. you cannot stay against her. most of the courts are not given stay order against co-owner. better you approach your mother for amicable settlement.
Raj Kumar Makkad
(Expert) 15 January 2013
Sale of entire property is against law so stay shall defnitely be provided by a civil court.
Prabhu
(Querist) 10 February 2013
I got the information that half share of my father property (house builtup in middle of the land) is sold by my mother to unknown third person, without my knowledge & consent.
Myself & My mother are the only legal heirs and the property is in Tamilnadu.
How the sale registration can be effected in the register office without my signature?
Moreover, the property is undivided also and how my mother can decide on the portions to sale?
As per the Indian Succesion Act, 1925 :
Section 33. Where intestate has left widow and lineal descendants, or widow and
kindred only, or widow and no kindred. -Where the intestate
has left a widow--
(a) if he has also left any lineal descendants, one-third of his property shall belong to his widow, and the remaining two-thirds shall go to his lineal
descendants, according to the rules hereinafter contained;
I am married & blessed with 2 kids and entitled to 2/3 rd share in my father property (As per the above sections - if i am right??)
Is the above sale of half share is valid?
What actions i can take against my mother & the purchaser of half of my father property?
Kindly guide on the possible measures i need to take & thanking you in advance for the advise that you ar egoing to provide.
V R SHROFF
(Expert) 10 February 2013
She cannot sell her undivided share in dwelling house.
Get Court order for STAY.
DO NOT ASK FOR PARTITION . Let her ask if she so desire.
What she want to do with money?? Or why she in interested in selling, when she knows you are the only legal heir of your mother, and ultimately property will belong to you alone. [ Remove this root cause ][ I mean, help her financially, if she is in acute need of money, and or give money as Advance for her share in property, It will avoid property going in any third party hand.]
Somebody must be trying to take undue advantage of lonely old lady, as u r out of India. Investigate, who instigate to sell property, and to whom??
Prabhu
(Querist) 10 February 2013
Thanks for your reply sir. I saw the sale deed made in favor of third person by my mother, mentioning that she is selling her share in the property. Initially, plain land was gifted by my mother to my father. In that land, my father by taking loan from HDFC, constructed this house. This HDFC loan was paid by my father from his salary directly and prior to the death of my father, this HDFC loan was paid in full by my father. As i am outside India, someone misguided my mother and now she reversed the gift given to my father and sold 1/2 share of the total property and left the balance 1/2 as my share. My mother said she is in need of funds & when i offerred for help, she asked the market value of 1/2 share, that i was unable to provide, hence she made this decision and sold her share. I need to take legal measures URGENTLY NOWITSELF & seek your valuable advice. Prepared to go India & start the proceedings. Please advise.
ajay sethi
(Expert) 10 February 2013
contact a local lawyer . if you would be unable to remain in india for long give some you trust power of attorney .
