I want to make proper document

Querist : Anonymous (Querist) 19 May 2011 This query is : Resolved
There are 3 Son and 2 Daugters Staying with Mother.

Mother age about 75(uneducated) has House owned (earned) by her husband (Father).

Now Two Sons wanted to sale the house & they are trying to take sign or pressure to mother for selling the house.

But that 1 Son dont want to sale the house.

Please guide me what document mother has to make for stopping them to sale the property and before selling the property consent of all the legal heirs should be must. Without consent of other legal heirs that two Sons should not sale the property. Please guide me for the preparing proper documents to stop them to sale the property.

Thanking you!

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adv. rajeev ( rajoo ) (Expert) 19 May 2011
One son being the legal heir has got equal share in the property along with the mother and brothers. He has to file a suit for partition and separate possession and in that he has to file an interim application u/o 39 r 1 & 2 praying for not to alienate against the brothers.

M/s. Y-not legal services (Expert) 19 May 2011
Yes. Am agree with mr.rajoo.

Raj Kumar Makkad (Expert) 19 May 2011
Joint house property should not be sold by some of the co-sharers as those can sale only their won share and not of others. In the given matter even if both sons of old lady want to sale their share, they cannot sell more then their own share and they cannot handover the possession to buyer without getting it partitioned prior to sell

Guest (Expert) 20 May 2011
Property cannot not be sold without the consent of all or without being partitioned amongst the legal heirs. Preparing any document binding all not to sell can also not be possible unless agreed by all.

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