Regarding stay on house

RAVINDER PAL (Querist) 04 December 2011 This query is : Resolved
We are having a house which is jointly in name of my father & my uncle .Registry is in name of My Father & uncle ( Father Brother) . I am in service & my wife ,my son & myself dont live in this house.
My younger brother ,his wife & son live in that house.
My father & my uncle are planning to sell this house.Now I want to ask that from my father share in this house can I get some share as he is willing to give entire share to my brother who lives in that house. Can I take stay on this house so that they are stoppped from selling this house. Plz advise

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ajay sethi (Expert) 04 December 2011
no you cannot obtain an injunction restraining your father from selling the house together with your uncle . if it is self acquired property of your father /uncle they are free to dispose them of when they so desire . your father can bequeath his share byy will or gift to your brother if he so desires

Devajyoti Barman (Expert) 04 December 2011
If the property is your father's self acquired property, you are in no manner can stand in his way so far as his wishes in this aspect are concerned.

M/s. Y-not legal services (Expert) 04 December 2011
yes., you not given anything about the property is self acquired or ancestral.. even stating that property in he name of your father and uncle's name.. so am assuming that its may be their self acquired property..

if its so mean am agree with ajay sir..

Surendra Singh Chandrawat (Expert) 05 December 2011
If the said property is hereditary then you may challenge in the court of law otherwise not.

Shailesh Kr. Shah (Expert) 05 December 2011
Agree with views all experts except Mr.Tom.

@Mr.Tom
In case of Ancestral property, valid claim could be made.

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