Mona (dont know) 17 November 2011

Huf

Hello,

My parents have passed away and their flat in Mumbai worth four crore is in HUF My brother has the document and he would not show it to us. We want to make sure he is not able to sell this flat ever without our signature. My question is, is there any way he can sell that flat without our signature and after forty years when I pass away would he be able to sell? Is there any twist and turn in the legal system that there could be a way somehow he or his great great grandchildren can sell it without my or my great great grandchildren signature. I have typed up a document saying that so and so person could not sell this property without my signature, notarized it and gave it to the building society secretary. Do I need to take any other legal action so my brother deffinitely cant sell the flat. We live out of town so we cant keep an eye on the flat. My brother currently lives in it and he is managing all the affairs of the flat

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2 Replies

sridhar pasumarthy (ADVOCATE) 17 November 2011

Dear Mona,

It appears that u are much worried about ur decendants rather than u.

Advertise in a local newspaper through a lawyer that u are having right in the said property, that ur brother is intending to sell the same by suppressing about ur rights over the same, that nobody would get any right more than what ur brother has in the same, that necessary action would be taken against the purchasers etc.

So that, nobody will come forward to purchase the same.

Else, u file a suit for partition in a civil court.

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Advocate Vishnu (Advocate) 17 November 2011

Dear Mona,

It is better to file a partition suit against your brother along with a suit for temporary injunction restraining the alienation of property. This will ensure that the property cannot be sold until the final disposal of the suit or else convince your brother to execute a registered partition deed with you , so that your share in the property is safeguarded from alienation.