You have one fourth share in property
you cannot be forced to execute gift deed for your share in property in favour of your brother
you can file suit for partition for division of property by metes and bounds
We are three siblings, my mum passed away interstate and as a result her property was divided equally among us and my father. My father wants to transfer everything to my brother and wants me to do the same. However I do not want to do that. Can they develop the property and without my consent.
You have one fourth share in property
you cannot be forced to execute gift deed for your share in property in favour of your brother
you can file suit for partition for division of property by metes and bounds
No they can't construct property without your consent. If they do so than you can bring injunction on it.
No worries
They can't force you.
You may obtain temporary injunction against them under order 39 of C.P.C . 1908 before Civil Court claiming your right and apprehensions of your father and your siblings.
If there's a registered Partition Deed for your share of the property by metes and bounds, even if your father and brother develop the property, it would be your's only. Further for developing your designated share, they have to obtain your consent.
However, if you voluntarily execute a registered Gift Deed in your brother's favour, then he can develop the property at his sweet will.
Well since all three of you have equal rights in the property each of you is sole owner of your respective share and hence can decide the fate of your share in your own way.
Therefore unless you agree the property can not be sold and to stop the sale you can file suit for partition and injunction.
- Since, your mother passed away intestate , and further her property was equally transferred amongst her legal heir i.e. your father , and her children .
- After receiving the share all the legal heirs having his respective right to transfer his share to anyone and none having right into the same.
- Hence, legally your father can transfer his share only , and not yours without getting a release deed , and further he can develop in his share only.
- If he will transfer the entire property without getting your consent , then it will be illegal and can be claimed by you.
They can develop leaving your 1/4th share. You can obtain stay from court if they develop on your 1/4th share.
If the said property is your moms self acquired property then father can't do that. Father can only transfer his share to anyone he wants but not the entire property
1. your father cannot force you to transfer the property,
2. to safeguard your interest in the property you can send an application to the concerned Sub registrar not to transfer the property without your personal appearance,.
3. you can also file a petition to grant stay on the said property
If the property left behind by your deceased mother had been divided among the legal heirs, whre is the question of your brother annexing your share of property for the proposed development.
You can refuse to accept their proposal.
Firstly you confirm that if the partition was done by a registered deed, if not you get it registered so tht they cannot grab or encroach your share of property.
If they still indulge in excess you may file a suit for permanent injunction against them to restrain them from interfering in your possession and enjoyment of your share in the property.
1. IF Mother's Property was divided orally (without registered Partition Deed or Partition Court orders), THEN you would need to mutate /transfer your share of property by obtaining a Partition Order from the Civil Court, for the purposes, by following due procedures of law.
2. Father, you and brother have EQUAL right /stake in Mother's property, and any individual CANNOT do anything or any development without consent signatures of ALL legal heirs, on a Registered Deed.
if property is registered on your Deceased mother name then it is not possible to transfer entire property on your brother name without your consent.
If you are one of the shareholders nobody can compel you to transfer the property without your consent.
Dear Sir/Madam,
You are suggested that they can't develop the property without your consent and you may file an injunction suit in the District Court for the same.
Hello!
While your father can transfer his share in favour of one the brother, they cannot compel you to transfer your share to him. As of now you have an undivided share in the property, therefore they cannot develop / sell it without your consent, until and unless the property is partitioned and their exact shares are demarcated.
Dear Client
This is to inform you that,