My mother has her own property and some of her parents property and her mother's parents property in our native. She passed away on september 2006. i am her son. i have 2 brothers and 3 sisters. In 1999 for my youngest brother's purpose - my mom, my younget brother, my other brother and his 2 sons morgaged all the above properties for Rs.5lakhs. This was done without my knowledge.I am one of the heirs.
Is it right? can they get loan for some property without a hier's permission. is it not criminal offense? can a case be filed for this ?
In 2006 all the properties were got back by my youngest brother after repaying and closing the loan. In this situtation can i file a case against them for getting mortgage without my permission or sign.
I have a copy of EC stating all the above transaction.
Even now my both brothers go hand in hand and use the costly properties for water plant and cattle shelter. so they dont come for partitioning. Everytime they say some problem and postpone the partitioning. This is very problematic for us.
Can a STAY be obtained (that my sibblings should not use the properties before partitioning) saying that they do criminal activities, of applying a mortgage loan against properties without one or heir's consent(me).
Regards,
Sekar
