How to stop sale of land ?
Querist :
Anonymous
(Querist) 10 May 2020
This query is : Resolved
We are seeking urgent help to STOP SALE OF OUR LAND with concerned authorities as we will be forced to become homeless if our land is sold. Our father Mr. Deb Narayan Sharma having who divorced our mother, Geeta Sharma and now wants to sale our decades old land and flee away making all of us homeless forever. We are four children (all major) from our parents and our father does not wants to give us any share in his property which was purchased by his mother Mrs. Kulapati Sharma who is no more alive now. Deb Narayan Sharma wants to destroy us by making us homeless by selling ancestral property. He has become an enemy for us. The land is registered in his name which was purchased by his mother. Please HELP us by stopping this sale of land at any cost for us which is the only hope for us to live.
As per our divorce conditions and family court ruling, he has to provide us accommodation to our stay if he sells the property. He does not want to give us any rupee. The court also asked to pay 3000 per person to my mother and two daughters which have not been given to us which has been years now. He is having links with gangsters and repeated warns us to have devastating consequences (Harming us physically & killing us). He has paid to Local police station officials who helps him. We do not want any more court cases as we have gone through seven years of mental torture in court cases already.
Please HELP us by stopping this sale of land at any cost for us which is the only hope for us to live. We hope our plea is heard and some action is taken to bring our family some peace and much needed protection.
1. How we can stop the sale of land ?
2. What to do for the warning us to kill us ?
3. What should be our next step in line with our rights & safety ?
4. Does not children have rights in the property of father ?
Raj Kumar Makkad
(Expert) 10 May 2020
1. Immediately file injunction order against the proposed sale of the land in the light of the pending amount of maintenance.
2. FIR can be got lodged in such event.
3. Seriously read and act upon the advice given on points no. 1 & 2 above.
4. As the property is personal in nature so children have no right in the said property but for the execution of the maintenance judgment already passed by Family Court or the concerned court, the said land can be got stopped from disposal.
P. Venu
(Expert) 11 May 2020
Your mother/sisters have the option of seeking attachment of the said residential property in lieu of payment of maintenance. However, this may not a permanent remedy. In fact, the only permanent remedy is in the children who are no longer minors, standing on their legs and taking care of the mother.
Rajendra K Goyal
(Expert) 11 May 2020
The land was purchased by his mother and is registered in his name, it is not ancestral property in his hands. It is his own property/ to be treated as self-acquired property. One can sell / mortgage / exchange / bequeath his self-acquired property in favor of anyone he wish.
If providing residence was the condition of the divorce, your mother can approach court for getting a stay from court against sale of the property. If the maintenance was not given, court can be approached for payment of arrears of last three years.
No one want any court case, but for claims as per court orders / any agreement / entitlements / for getting rights sometime no other alternate is left but to take shelter of law.
Rajendra K Goyal
(Expert) 11 May 2020
You said:
1. How we can stop the sale of land ?
Reply:
Approach court for a stay on the basis of divorce orders.
You said:
2. What to do for the warning us to kill us ?
Reply:
Inform Police whenever such warning is received, record the conversesation.
You said:
3. What should be our next step in line with our rights & safety ?
Reply:
Your mother should approach court for stay of sale and payment of maintenance arears etc.
You said:
4. Does not children have rights in the property of father ?
Reply:
Children have right only after father expires intestate.
Guest
(Expert) 12 May 2020
Basing on the advises posted discuss with your Local Good Advocate and Proceed Legally
