Srinichennai (Business) 04 December 2013

Prevent sale of property

Hello Sirs,

My mother passed away and she has written a registered will, stating that her house belongs to her 5 children (4 Sisters & Me). I am staying in Chennai and the property is located in Coimbatore which is far away. My sisters are not in good terms with me. I am hearing from the neighborhood that they are planning to sell the house without my signature. Is this possible ? If possible how can I prevent this ? Is it possible to get a STAY order from the Court ? If so, what is the procedure for the same, or can I send a Legal Notice to them, what actions can I take to prevent from selling without my consent.

Expecting your reply ASAP. Thanks in advance.

Reply Follow

5 Replies

adv.raghavan (Advocate,9444674980) 04 December 2013

it is not possible to sell the property without your concurrence, even if they do something like that, it is not valid document. Since nothing has happened i do not advice to go for any legal remedy as of now.

Capt Gurvinder Singh (Advocate) 04 December 2013

Best course of option is file a suit of partition by meat and bound in the District Courts of Coimbatore, when you will file the case you will get the injunction (Stay) also. In the property matters where the stakes are very high you should not wait the other parties to take action and you act only as reaction, Act immediately other wise keep taking round circle of the courts for the generations to come.

K.K.Ganguly (Advocate) 04 December 2013

1. File a partition suit claiming your share of the property,

2. Simultaneously file an application under Order 39 Rule 1 & 2 praying for an ad-interim injunction restraing the Opposite Parties in dealing with or selling off the property till the disposal of the partition suit filed by you.