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mahesh bhatia   08 August 2021

Query about land in the name of mother

After my father's death , The Plot mentioned is in my mothers name , Now my Older Brother is trying to sell it without discussion anything with me , How to stop him from doing such transaction , I dont know whether he has taking any GPA from my mother or not as she is living with him in the same building where i live






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 8 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     08 August 2021

After your father's death, all his legal heirs including women have equal rights over the property.  So file a partition suit by consulting a local lawyer.-

Dr J C Vashista (Advocate)     09 August 2021

Well analysed, opined and advised by expert Mr. Kavksatyanarayana, I agree and appreciate.

File a suit for partition, possession and permanent injunction through a local prudent lawyer

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     09 August 2021

Presume that your Mother died intestate ie without writing a Will. Now the property needs to be partitioned as per the rights of the Legal Heirs. As one of the legal Heirs, you can file a suit demanding a partition of the property. You may consult a local Lawyer and seek guidance to proceed further in the matter. In case any GPA was given by your Mother to your brother before her passing away, it shall not be valid now as she is no more.

mahesh bhatia   09 August 2021

Dear expert sir , thank your prompt reply , as you mentioned to file suit for partition ,Till the time its Actually Done what if My brother sells the mentioned plot or is there any provision which can stop any kind of transaction by my brother without consent of all the beneficeries  , 

 

 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     09 August 2021

You may please contact a local Lawyer and brief him with full details and seek guidance. While filing the suit for partition, as part of the Prayer before the Court, you can request restraint on your Brother from alienating the property in any manner whatsoever including sale.  I 

Anand Bali Adv. (Advocate Solicitor & Consultant)     09 August 2021

Dear Friend, here the question arises why after the death of your father the property got mutated in only your mother's name and there is no entry made of you brother and sisters as an undivided owners of the property. Was there a will in the favour of your mother about the same property ? If no then all first class legal heirs has their respective equal portion share in the property in subject.

It is well advised by the our friends Adv. Kavksatyanarayana and Adv J C Vashishtha that you should file a case for Partition, Declaration and possession of the property with an interim Injunction application for order to get stopp the sale of property and not creating any third party interest on it till your partition case do not get decided.

P. Venu (Advocate)     11 August 2021

After the death of your father, the property left intestate is jointly vested with you, your mother and the the siblings. Your brother can only transfer his share. Anything beyond would be void.

mahesh bhatia   07 September 2021

Respected Sir , Thank you so much for the prompt reply and guidance ...

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