husband transferred ancestor property to wife thru sale deed
Vishal Tanwar
(Querist) 08 December 2009
This query is : Resolved
Sir,
We are two brothers and one sister all married. My father lives with me and my mother with my younger brother.
We have an ancestor property in delhi, Which was not registered. It was a simple agreement between my father brothers, which stated the details of devision.
Six years before my mother registered property in her name using sale deed without our consent. My father signed it in good faith also to save stamp duty.
Now my mother denies to gives us share and want to sell entire property. My brother-in-law(Jija), sister and younger brother has eye on entire property. My mother and younger brother does not allow my father to enter house. They are giving threat to us.
1) Now my question is that can my father get back his property?
2) Can this property divided? How?
3) Can we stop her from selling property?
niranjan
(Expert) 08 December 2009
If it was ancestor property your father could not have sold beyond his share and the sale deed cannot bind other sharers. You can file the suitfor partition and seek interim injunction for further alienation by your mother.All the sharers have tobe made party to the suit.
mahesh kumar yadav
(Expert) 08 December 2009
as it is ancestrial property, u have right in the property, u can file a suit against your mother stating that it is (ancistral property)and u also got right in the property along with your younger brother and ur sister. as concerned with your father, he wont get any right over the property.
Adv Archana Deshmukh
(Expert) 08 December 2009
You can file a suit for cancellation of sale and partition of the property.
Raj Kumar Makkad
(Expert) 08 December 2009
Instead of your father, you have to file a suit seeking declaration to the effect that the sale made by your father in favour of your mother of the ancestral property is null and void and in the same suit seek partition and possession to the extent of your share. do not forget to seek stay order against the third party interest in the property till the disposal of the suit. Once sale deed is set aside, all co-sharers of the property means your father, mother, brother, you and your younger brother shall get equal share in the property on its division.
Vishal Tanwar
(Querist) 18 December 2009
Why should my mother get equal share if she dont want to stay with my father. I think wife can claim share in his husbands share. That way my wife and my brother's can also claim equal share. I am confused.
Kindly explain how it will be divided?
And before partition, can my father live in that house legally as my mother not allowing him to enter. Can my father claim half rent till partition occur.
Vishal Tanwar
(Querist) 18 December 2009
FYI Father and mother both are not working.
