Joint property sold without my consent
ANU
(Querist) 25 January 2016
This query is : Resolved
We are three brothers and 2 have expired. Children of one brother have sold the part (including commercial portion)to other brother kids without my consent. I had to file FIR to stop registration of portion occupied by me. What are the legal options available. I had spent lot of money and suffered mental harrasment to stop registration of my portion. Under which section i can claim compensation from them to register the porperty portion without division of house and also mental harrasment
ROHIT SHARMA
(Expert) 25 January 2016
1. There is no bar that the children of one demised brother of yours have sold their share to the children of the another demised brother.
2. but if they have sold the commercial portion of the property without your consent by the same sale deed then you can have such sale deed made by such children rectified by filing a civil suit u/s 26 of Specific Relief Act, 1963 and have this error of selling the joint commercial portion of the property rectified.
Rajendra K Goyal
(Expert) 26 January 2016
You should have claimed compensation for cost and mental agony in your plaint.
