pkpatra (NA) 03 July 2023

Power of attorney to sell property by my brothers without my consent

Hi, I need your advise and guidance.

We 4 brothers and 1 sister are legal heir of mother's property and she is no more. The property is still in our mother's name. Our father is also no more. Recently, my 3 brothers and sister signed a power of attorney to sell this property without my consent. On enquiring, they say that they have signed their shares of the property to sell and not my share.

Is this legal what they have done without my consent? How can I get possession of my share?

Please guide.

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Quick Summary

Four siblings are legal heirs to their mother's property, which is still in her name. Three siblings and a sister have signed a power of attorney to sell the property without the consent of the fourth sibling. The concerned sibling is seeking advice on the legality of this action and how to secure possession of their share. Legal guidance suggests filing a civil suit for property partition and claiming possession, while also seeking an injunction to prevent the sale until the partition is finalised.

4 Replies

Dr. J C Vashista (Advocate ) 04 July 2023

You have stated that your siblings have left your share i.e., not sold, if so, what is your dispute.?

Advocate Bhartesh goyal (advocate) 04 July 2023

File civil suit for partition of property and claim your share and possession also pray for injunction and get restrained your siblings not to sale the property till the partition arrived.

Real Soul.... (LEGAL) 04 July 2023

If the property is not partitioned and distributed then you can file suit for Partition, your siblings cannot sell the property without the property being partitioned and demarcated

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 04 July 2023

If your brothers and sister sell undivided share the prospective buyer cannot take possession of any specific part of the property unless the same is partitioned. Nothing stops your brothers and sister from selling their shares of property but the buyer will have to file a suit for partition to get the possession.