• Dispose fathers property and bought another in his name by elder

My elder brother sold my father's property and bought another in his name seven years back without my consent. Can I stake any claim on it?
Asked 11 years ago in Property Law

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2 Answers

You were an equal stakeholder in your father's property. Unless your father had during his life time legally authorised your elder brother to sell his property after his life time your brother could not have sold it in a manner the effect of which was to deprive you of your equal share therein. Be that as it may, you may now file a case against him to recover from him the sale proceeds of the property which he sold to your exclusion.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

In addition to what my learned colleague has advised, you may also file a case in a competent court for declaration of the sale deed as null and void.

Prabhat Shroff
Advocate, Kolkata
141 Answers
39 Consultations

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