You can send them objection Notice not sell and if they want to sell you have to ask first for buying the property.
So you can offer them price and start paying partly payment and make the property Agreement to sell registration.
Property issue between mother and two sons
We have 14 acres of land in total in our village. 10 ares on my mother’s name and 2 acres on my name and my elder brother. As my elder brother doesn’t have any children we made an agreement on 100 rupee bond paper that he and my mother should not sell their property to any one. And we also mentioned in that agreement that after them my son will be the legal heir to that property but now they are selling the property. How can I proceed legally.
Asked 4 years ago in Property Law
Religion: Hindu
10 Answers
Mother , brother are absolute owner of property
they are at liberty to sell the property during their lifetime
agreement cannot be enforced as no agreement for sale or gift deed has been executed by them
- Since the said property is also in the name of your elder brother , then he having his equal right in the 2 acres land with you.
- Further, an agreement on 100 rupees is not enough to restrained him from selling his share in the property .
- However, you can file an injunction suit for restraining him from selling the property .
You have to file a suit for injunction against selling property to third parties by brother and mother. You can draft a special power of attorney on 100 rupees stamp paper in Australia giving power to friend/relative in India. Take SPA to consulate and obtain attestation of council general. Send SPA to you friend/relative in India he can take all the steps to protect you property.
Dear Sir/Ma'am,
Since the property is already in their name, they are sole and absolute owners of their share of the property, they have the right to sell the property whenever they wish to.
A simple agreement stating the above promises is not a valid ground for filing a suit against them for restricting them from selling their own property. Such an agreement is not enough.
Thank You.
We have 14 acres of land in total in our village. 10 ares on my mother’s name and 2 acres on my name and my elder brother. As my elder brother doesn’t have any children we made an agreement on 100 rupee bond paper that he and my mother should not sell their property to any one. And we also mentioned in that agreement that after them my son will be the legal heir to that property but now they are selling the property. How can I proceed legally. The document was signed by both the parties and witnesses. And the such agreement was done as i have cleared all the loans of my elder brother and mother.
Asked 4 years ago
Mother , son are always at liberty to sell their property during their lifetime notwithstanding agreement that property would devolve on your son on their demise
Dear Sir/Ma'am,
Since your mother and brother are the sole owners of 12 acres of land, they are entitled to sell the property to whomsoever they wish to.
The agreement states that your son will get the property after they pass away. But they are at the liberty to sell their property to anyone in their lifetime.
The unregistered agreement is not enforceable in law.
There is no binding on them to honor the unregistered agreement.
If the property is on your mother's name, then she cannot be prevented from selling her own property to anyone of her choice.
There is no necessity for her to transfer the property lying on her name to your son or to anyone by force or against her willingness.
Any legal suit that you may propose to institute against your mother or your brother may not be maintainable or tenable in law.
Hence instead of putting up a legal battle, you may compromise with them and arrive at an amicable solution.
If you have repaid the loans that were on your mother and brother's name, then you can issue a legal notice to them to return the amount you had lent them for this purpose and file a money recovery suit against them with the support of evidences in your possession.
You can file an application along with the suit seeking attachment of the said properties s before judgment towards the security for the money to be recovered from them.
The unregistered agreement you entered with them is not enforceable in law hence any suit you may intend to file on the basis of the unregistered agreement would not be maintainable.
- Since 10 acers land is in the name of your mother , then none having right to stop her from selling the property.
- The said agreement having nothing to do with the property , and not sufficient in the absence of a legal documents
- Only after the demise of mother , you have right over her property equally with other legal heir.
- However, if you have funded the amount for purchasing the property , then you can be single owner legally after filing a declaration suit before the court.