Sabahat Sayed (Advocate) 29 November 2009

Joint Agreement of father and son

A father and a son both have a flat in their Joint Names i.e. both have signed a JOINT AGREEMENT. The maintainence receipt comes in fathers name only.But, the son is not aware whether the SHARE CERTIFICATE issued to them from their society does bear his name with his father jointly or the share certificate has his fathers name only on it.

At present the son is residing seperately from his father because there are some disputes going on between the father and son, the son wants to know whether can the father sell the said flat alone without knowledge of the son and without any share to son? Asking for urgent reply.. Thanx

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S. Bharath (Advocate and Arbitrator Formerly Civil Judge) 29 November 2009

It is important to see the sale deed or any other deed of conveyance [if the sale/conveyance is complete] to check if it is in joint name; if the sale/conveyance is not yet complete it is useful to refer to the Letter of Allotment issued by the Society. An RTI application will throw light on the status on the holding of the property. It is better to issue a notice to the father demanding partition and follow up with a suit for partition with an interlocutory application seeking an injunction restraining the father from alienating the property or simply file a suit for permanent injunction restraining the father from alienating the property. A petition can be lodged under the provisions of the Registration Act, with the jurisdictional Registrar requesting him not to register any deed of conveyance in respect of the property unless it involves the son.

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