Sell authority of a partner
Rishu
(Querist) 20 July 2017
This query is : Resolved
Dear sir,I m Rishi.
My father had died few years ago without leaving any will. now there is only 3 member in my family.1.me,2 my brother and 3 my mother. We both the brothers are above 21.
We have done the partition of our ancestors property by the help of our society as well as few relatives and also done the mutation of property separately.
But there was a condition in the property in my mother's share that she can't sell her share independently and she went ready for it,if she wants to sell her share it is important that there must be signed by both the son along with mother ( just because of saving her property that none of any son can threaten her to pass her share to her ) .But this time a situation arise my brother threaten my mother to sell her property and give the money to him.
After his threatening And to resolve the problem my mother had sold the share( without my knowledge).
That Incident was not in my knowledge because I am doing job at a different place.few days ago I knew about it..I haven't signed the paper..can take any legal action on this...please guide me upon this...I hv no knowledge about civil cases...can I go in the gram Panchayat to resolve this pbm.. what should I do on this.
Warm Regards
Rishi.
Rishu
(Querist) 20 July 2017
Please guide me as soon as possible.
Rajendra K Goyal
(Expert) 21 July 2017
Whether the family settlement deed was duly registered.
If so the terms of settlement has to be observed, you can proceed to challenge the sale if the sale was not in accordance of agreement.
Kumar Doab
(Expert) 21 July 2017
It is believed that you are all Hindu.
The property of deceased father was ancestral or self acquired?
Confirm!
Kumar Doab
(Expert) 21 July 2017
If mother of father was not alive as on death of father then his wife (your mother), sons, daughters…………are surviving ClassI legal heirs and shall share it equally.
Since NO valid will is left/found as posted by you, it is simple matter of inheritance.
The said partition deed is registered?
Kumar Doab
(Expert) 21 July 2017
Do you mean that a condition has been inserted in said deed and attached with share of mother that she cannot dispose (sell) her share by her free will?
Kumar Doab
(Expert) 21 July 2017
The said deed is partition deed or Family settlement deed?
Is it registered?
Dr J C Vashista
(Expert) 22 July 2017
Submit your reply to the question raised by experts or consult a local lawyer.
R.K Nanda
(Expert) 22 July 2017
contact good local lawyer.
Kumar Doab
(Expert) 22 July 2017
If you do not wish to respond consult in person a very able senior local counsel of unshakable repute and integrity specializing in such/civil matters at your location or at your native place............
Kumar Doab
(Expert) 22 July 2017
If you have not signed any written/registered agreement and it is just a verbal agreement with help of elders (say; Panchayati Faisla) , take their help and see if anything is possible amicably................
In any case the age old mother seems to have sold her share or lost the proceeds.....
Kumar Doab
(Expert) 22 July 2017
If some written/registered agreement was signed and you do not have copies then get the copies and show to your counsels......
Kumar Doab
(Expert) 22 July 2017
The mother can claim maintenance from sons and may be even estate left by her late husband............................depending upon facts of matter.
