How to get stay on fathers property
Ganapth
(Querist) 24 April 2013
This query is : Resolved
Dear Sir
my father is Govt employee retired on the year 2000, we are three brothers and one sister for our father lived as joint family. we 3 son started earning from 1993 and our all full wages handed over to our father till 2003,(few money transaction to father has been done by bank cheque)
father bought several lands in his name during this period and registered in his name, all these land are bought by our money given to father,
at present our father is 73 year old and wishing to sell these land with out our concern , how to get stay for this property and how much it will cost please help us we are living in Tamilnadu Trichy
Ram Laksh
Rajendra K Goyal
(Expert) 24 April 2013
From the information submitted by you, it is clear that the property was purchased by your father and is in his name. He has got all rights to sell it. You should reach for an amicable settlement. You can claim your money if within limitation and can prove the same was as loan. Court will decide the case on merit.
Nadeem Qureshi
(Expert) 24 April 2013
Dear Querist
file a suit for partition as you informed that the family is joint family. you can claim your share after proved that to purchase these property you money was also invest.
file an application/suit for injunction u/o 39 rule 1 &2 of CPC
prabhakar singh
(Expert) 28 April 2013
You need to file a suit claiming an existence of JHUF between you all and your father telling him karta of JHUF and stating means of earnings you have.One of you can file suit to save on court fees making other defendant.It would be suit of partition and injunction.Actual court fees could be countable with help of State court fees Act.Hence guidance in this respect can be given only by lawyer of your state.
Interim injunction would be possible against your father as told by Mr.Nadeem u/o 39 rule 1n2
