Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shashank Vibhute   21 December 2020

Transfer of property

Mr. A and Mr. B are brothers and sons of Mr. D(deceased). Mr. A transfers the property of his deceased father Mr. D to the third party without the consent of Mr. B. What would be the remedy available with Mr. B? please help.


Quick Summary
If one brother (Mr. A) transfers inherited property from their deceased father (Mr. D) to a third party without the consent of the other brother (Mr. B), Mr. B has legal recourse. As both brothers likely have equal shares if there was no will, Mr. B can initiate legal action. This includes filing a partition suit to claim his rightful share and potentially challenging the validity of the sale transaction.

 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     21 December 2020

Hello,

A and B have an equal share in the property of their father. B can take legal action and challenge the sale transaction of A with a third party. He may also initiate criminal action against A. 

Shashank Vibhute   21 December 2020

Thank you..

Advocate Bhartesh goyal (advocate)     21 December 2020

If D died without executing will of his Property then A and B have equal share and rights in the property left by D. A can not legally transfer D's property without Permission of B.B should file partition suit of D's property against A  and  third party and claim his share.

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     21 December 2020

Yes. agreed with the advice of the above learned experts.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register