How to stop sale of property.
AK PUNDIR
(Querist) 19 December 2010
This query is : Resolved
Dear Sir/Madam,
A Grand son
B Father of A (Son of C)
C Grand Father of A (Father of C)
My question is:
B want to sale property which he received after death of his Father (C).
A don't want/like the act of her father because this property is very valuable & related to his grand father. How A (Grand son) stop B (his father) for sale of this property.
He (A) also ready that B may sale any property which B purchase/earned.
In Shot "How a grand son stop his father to sale the heritage property(grand father property)"
I will be very thankful from the deep of the heart for your help.
Thanking You
Advocate. Arunagiri
(Expert) 19 December 2010
As long as A is having his right over the portion of the property, B can not sell the entire property.
Get an injunction from the civil court.
Y V Vishweshwar Rao
(Expert) 19 December 2010
I Agree with MR Arunagiri Advt
If you do not Want immediate partition of the Grand Father property - simply file suit for injunction restraining your Father from Selling the property!
adv. rajeev ( rajoo )
(Expert) 19 December 2010
File a suit for general partition and seperate possession of your share in your father's share, bare injunction is not sufficient. You can file an application u/o 39 r 1 & 2 in the suit " as not to alienate the suit properties till the disposal of the suit"
You can also publish the notice in the local news paper regarding the purchase of the suit property and pending of the suit.
Raj Kumar Makkad
(Expert) 19 December 2010
First of all it should be ascertained whether the property in the hand of B is ancestral or self acquired. If the property is ancestral then injunction can be sought otherwise there is no possibility. No partition is possible during the life time of B so mere injunction suit is sufficient.
Pritam Saini, Advocate
(Expert) 23 December 2010
suit for injunction is not maintainable a karta(manager)have a right to sell the property for legal necessity. After sale it can be challenge on the ground that sale is without legal necessity when efficacious remedy is available suit for injunction is not maintainable 41(h) specific Relief Act. A son can seek partition but in our Pb. & Hr. partition can not claim by coperecner.
