Ownership of property

Rahul Nargunde (Querist) 09 December 2014 This query is : Resolved
Dear Sir,
We Have a house of 1750 Sq. Ft. of Housing Board for last 35 years purchased by my father. We are 4 brothers and 1 sister. We 03 brothers live in same house and sister is married. One of my brother have left the house approx. 18 years back.

1. The property registration is on the name of my younger brother and mother.
2. My mother expired in year 2007.
3. Now my brother wants to sell the property.
My Query is:-

Q.1. Is he the sole owner of the property?
Q.2. We three brothers and sister are ready to sell the property; but one brother who left is not ready; does he have any right on this property. &
Q.3. Consent of whom will be required for sale. Can the brother with Registry alone sell the property?

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ROHIT SHARMA (Expert) 09 December 2014
1. In this case the share of the mother needs to be first devolved legally upon her legal heirs. The younger brother who is a co-owner of such property cannot sell this property till the time the share of the mother is mutated in his name.

2. The legal course of action required is to file a civil suit for getting succession certificate and at the same time while filing such suit file another civil suit seeking injunction restraining the brother from alienating the property.

Rajendra K Goyal (Expert) 09 December 2014
Q.1. Is he the sole owner of the property?
-- No, the property belongs to younger brother and all the legal heirs of mother.

Q.2. We three brothers and sister are ready to sell the property; but one brother who left is not ready; does he have any right on this property. &
-- Yes, he has share as legal heir of deceased mother.

Q.3. Consent of whom will be required for sale. Can the brother with Registry alone sell the property?
-- No, all the legal heirs of mother and younger brother need to sign to sell the property.

T. Kalaiselvan, Advocate (Expert) 09 December 2014
You have stated that your father purchase the property, if so how come it has been registered on your brother and mother's name or whether your father intentionally registered the same jointly on both their names?
However, since your mother was a joint owner, her share of property will devolve on all the legal heirs equally, thus your brother who is a joint owner shall be entitled to another share out of his mother's intestate share n the property along with his own share.
If he is denying others their respective share out of your mother's share of the property, you may initiate a partition suit with an application for injunction restraining your brother from alienating the property until disposal of the suit.