original documents
Querist :
Anonymous
(Querist) 29 December 2010
This query is : Resolved
sir,
we r having joint property. my father n his bothers wife.my dad died 5yr back recently my mother in law also died.problem is ..Till today every document is on my fathers name.But my mother in law daughter had kept original documents with her.
can our sister(mother in law daughter)sell our property without our signature( i.e my elder brothr n my mom).we r doing jobs outside we dnt knw about crops r lands.
my sister is not even lifting our phone calls,she is comletely dependent on tht property but we r having good jobs in cities,we dnt want to loose ur property.she haves very good contact in our village more than us.
can she sell our propery without us.documents r on my fathers name.pls tell me what to do.pls repy fast
Devajyoti Barman
(Expert) 29 December 2010
Yes a co sharer can sale their undivided share without the knowledge of other. Hence to restran that eventuality any co sharer can file a suit for partition and injunction not only to claim his due share but also to stop any co sharer from tranasferring any part of the joint property.
Querist :
Anonymous
(Querist) 30 December 2010
sir,
THANK YOU so much sir,please 1more doubt.kindly advice me
my doubt is:
1>entire property documents are on my fathers name,how can my sister
sell property without our signature.we (me,my elder brother)dont know
about crops ,we both r doing jobs.
2>My elder brother stays in HYDERABAD,Iam staying in ONGOLE,but our
property is in NELLORE ,kaligiri(village).if we want to put case
against my sister,can we appoint lawyer from my home i.e in ONGOLE
court or should i go to NELLORE and put the case in that NELLORE
court.My brother can appoint lawyer in HYDERABAD.
3>If we want to give INJUCTION order,from which place we must give
orders i.e whether we must go to our village,or can we put case and
appoint lawyer from my place or not.
Please tell me.Pls reply.
Thank you
