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Can i prevent my father selling the property.

(Querist) 04 May 2012 This query is : Resolved 
By way of settlement deed, my grand father settled a property (consists of 5 flats) to his 2 sons and 1 daughter (2 each to his sons and 1 to daughter), but did not identify which flat belongs to who. After the after the death of my grand father, all the sons and daughter entered into a release deed, there by identifying their respective flats and the release deed is registered.

my question is, my father is a serious alcholoic and wagabond. All these years since the flats were in the joint of his brother and sister he couldnt do anything ..but now since the flat have been indentified and ownership of the flat is in his absolute name, I fear that he will sell this flat and drink to death..

I have a old mother and 2 sisters. Can we do anything to prevent my father from selling the flat and drink the monies ...we only want to secure the property so that my mother doesnt not financially suffer in future, as my father is a wagabond and selfish man.

someone please help me, with your advice. I will be very greatful.

V R SHROFF (Expert) 04 May 2012
YES YOU CAN DO IT. YOU CAN PROTECT YOUR MOTHER'S RIGHT .
rajamurugan (Querist) 04 May 2012
Dear Sir, thank you for your reply. Can you please advice me what should i do and under what grounds i can claim this ?

i checked with a lawyer friend of mine, he said, since the property is settled in your father's name, he become the absolute owner and will be treated as "self earned" property and he can do whatever he likes with the property
Sudhir Kumar, Advocate (Expert) 04 May 2012
Meet a Lawyer.

Social presssure doe snot work on drunkards.
Shonee Kapoor (Expert) 06 May 2012
Yes mother can restrain the father by using PWDVA, 2005.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF (Expert) 06 May 2012
dv , will protect residence


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