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A L ANTONY (AGM (RETD))     06 November 2023

Property dispute.

Ou/fatherrs is a small family; father, mother, two brothers and me, the sister.  My father died a few years ago leaving a Will,  bequething the property disproportionately amomg us, i.e., my brothers and me.  my mother does not have any share in the property, but can enjoy the income from the property.

The property is inheritted from my grand mother/ father. My mother is the custodian of the property without any legal right, as per the Will,  to sell or mortgage or dispose off it in any manner,  till her death. In short she cannot sell the property or become a party to sell it. 

Recently, one of my brothers transferred / registered his share of the proerty in his name. This property, i.e. his share of the property, was sold subsequently, without any consent letter from me and my other brother. We came to know the sale, after some months.  My question is whether, my brother can sell the property without a consent letter from us. If the answer is no, then what will be legal stand, whether the deal could be legally declared null and void and what are the consequences the  buyer will have to face, if he wants to sell it.

A.L. Antony, antonyal@gmail.cim.   6.11.23

 

 

 

 



Learning

 5 Replies

Aamirmanzoor 1234   06 November 2023

when did this sale happened??
yes if u think this sale is void, you should challenge it and file a suit within 3 years

Shashi Dhara   07 November 2023

Whether the property was partitioned between all members by metes and bound each share allotted separately and registered in SRO, if not all parties consent is necessary, contact advocate and filesuit for partition.

kavksatyanarayana (subregistrar/supdt.(retired))     07 November 2023

You can file a partition suit.

Adv Shailesh Kumar (Principal)     09 November 2023

If will is left by the father then in that case it is necessary to file a provet case before District and session judge and after getting decree , will holder can sell the property and then it will be legally valid.

T. Kalaiselvan, Advocate (Advocate)     12 November 2023

Your brother can sell his undivided share in the property. he need not obtain consent or permission from cosharers for doing this. 

However he cannot sell a particular portion as his share in the property. 

The subsequent buyer can then file a suit for partition and claim his share with separate possession. 

Similarly you also can file a suit for partition. 

However the embargo is that your mother is conferred with life interest in the property,  hence the partition or sale of individual share in the property may not be legally valid. 


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