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DIWAKAR   23 July 2017

Brother selling property without intimation

Hi Sir,
         Small Information and clarity required.  we are 3 sons to my father and 2nd brother is business man and i was an employee and first brother is a doctor.As my 2n brother was taking care of business and he used to have all properties with his name.Recently small clash happend with him ,he and my father were selling a property which is with his name.So far they have not settled or partitions not happend among brothers.But without any intimation he is selling a property.So what is best option to stop this registration and how it works please resolve the issue and suggest me best idea sir.



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 13 Replies

Kumar Doab (FIN)     23 July 2017

It is believed that you are Hindu.

The said properties in the name of father, brother(s) is self acquired.

confirm!

Kumar Doab (FIN)     23 July 2017

The brother being title holder can dispose property that is registered in his name without any need of any consent from anyone.

ON what grounds you want to stake claim on property(ies) that stand in the name of your father, brother(s)....

DIWAKAR   23 July 2017

Its with brother name.And we brothers not yet divided so far. 

DIWAKAR   23 July 2017

As we brothers not yet made partition deed how come on his own take decision without prior intimation sir..?

Kumar Doab (FIN)     23 July 2017

You (Brother) has NO forced share in property of your brother.....

You as son has NO forced share in self acquired property of your father.....

You have No confirmed on what grounds you are claimimg stake, claim and right in property of brother...

DIWAKAR   23 July 2017

Sir problm is i dont have any proprty with my name thats the problm

Kumar Doab (FIN)     23 July 2017

Dear LCI Querist @ Mr. Diwakar,

The brother is under NO obligation to devide his property with his brothers..........

Even his parents,sons,daughters have NO forced share in his self acquired property.

He can by his sweet will and wish provide any share to you or anyone even a stranger......

DIWAKAR   23 July 2017

but we still not yet made partition deed among brothers right..?so can u please provide best solution to stop registration ..U mean to say we cont do or no such option please provide me clarity sir

Kumar Doab (FIN)     23 July 2017

Dear LCI Querist @ Mr. Diwakar,

You have not propery replied to all points raised in my 1st and 2nd post.

It is reiterated that brother being title holder can dispose the property.

Rest you may show all property related papers and all informations related with purchase of property with a very able local senior counsel specializing in revenue/property/civil matters for a considered opinion......and recourse, strategy if any.................in your favor... 

 

DIWAKAR   23 July 2017

Sorry i dont understand what u want to convey me sir.. can i call ur numbr?pls 

Kumar Doab (FIN)     23 July 2017

1st Post was: It is believed that you are Hindu. The said properties in the name of father, brother(s) is self acquired. confirm!

2nd ; ON what grounds you want to stake claim on property(ies) that stand in the name of your father, brother(s)....

Kumar Doab (FIN)     23 July 2017

Wait for posts from other members and experts.

Siddharth Srivastava (Advocate)     23 July 2017

Property being in the name of brother shall be deemed to be his property, hence, he is not required to obtain any permission or to intimate anybody prior to selling the property. Since property is in name of brother so he does not require any partition nor he can be stopped in any manner.


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