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irfan   16 July 2023

my siblings threatening me that he will sale our joint ownership property with my consent and take legal action

Dear All,
I am writing to bring a serious matter to your attention regarding a property ownership dispute that I am currently facing. I seek your assistance and intervention to address this issue promptly and fairly.

The property in question is located in Telangana nizamabad district and is jointly owned by my sibling and me. Regrettably, my sibling, has expressed the desire to sell the property without my consent, and has resorted to threatening me with legal action if I do not provide my consent for the sale. This situation has caused immense distress and concern for me.

To provide a comprehensive understanding of the matter, I would like to present the following sequence of facts regarding the ownership of the property:

Originally, the property was owned by our grandfather,
Following our grandfather’s passing, ownership of the property was transferred to my late father, as per the relevant legal documentation.
Unfortunately, during this transfer, the name of my father's brother-in-law, was included in the property documents.
Upon the demise of my father, his brother-in-law, took without ownership of the property, again without obtaining an NOC from my father’s widow and children.
Subsequently, following the passing of my father's brother-in-law, ownership of the property was transferred to his children without due process or obtaining the required consents
After several years, with the support of a local committee, my siblings and I took legal action to assert our rights as the rightful heirs.
Through this legal process, a part of the property, specifically 125 square yards out of 300 as remaining were already sold by them, we have registered 125syards through a sale deed, securing our rightful ownership.

I believe it is essential to address this matter promptly and impartially, as my sibling’s threats and attempts to sell the property without my consent are causing significant distress and potential financial harm.

Therefore, I kindly request your assistance advice resolving this dispute and ensuring that my ownership rights are protected. I would appreciate your time and efforts to prevent any unjust actions by my sibling and to facilitate a fair and equitable resolution to this matter. Additionally, I would be grateful if you could provide guidance on any further legal recourse or steps that I should consider.


Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     17 July 2023

If your sibling is threatening to sell the jointly owned property, then you can file a suit for partition  with an application seeking injunction to restrain him from alienating or encumberig the property in any manner till the disposal of the suit for partition.

 

Dr. J C Vashista (Advocate )     17 July 2023

Seek permanent injunction against your sibling through a local prudent lawyer.


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