My father bought the property in my name as a legal guardian when I was a minor, now I am 60 years old and I want to sell my property, but my brother is making an issue, my father also bought a property in his name when he was also minor, he has taken STAY order from sdm court under section 145-146. I want to sell my property urgently because I need money for the treatment of my son
You can also file suit claiming share in property bought by your father in brother name when he was minor
2) you can file suit for partition to claim share in property bought in brother name as it was bought for benefit of joint family
3) you cannot sell property till stay is vacated
but i don't want to as per our before talk we have agreed as the same, then our lawyer said no need to do any agreement because property bought in your name will be yours because you are major now, my brother just want to make the issue.
The property which was purchased by your father in your name belongs to you and hence cannot be denied to you. What happened to his property. Did he sell it?
File an application before the high court for expeditious hearing and disposal of the case in the SDM court.
I disagree with your lawyer
in order to pressurise your brother to settle the issue file suit for partition
Taking into consideration the above facts mentioned therein by you.
Given there are orders passed by SDM in the concerned the same needs to be examined.
Accordingly, a legal course of action can be ascertained.
Hope this helps.
Best Regards.
If your brother had taken a stay order against you then it is better you file an application to vacate the stay order.
This proeprty bought by your father during your minority by age shall become your own and absolute property.
Neither your brother nor anyone can claim any share in it as a right.
You may have to challenge their case properly in the court of law when it is coming up for trial.
Since there is a stay order in force you canot sell the proeprty, hence you may have to file a petition to vacate the stay and then can sell the property.
you have been advised what to do in furtherance in this regard.
You can discuss wit your lawyer and proceed as suggested.
You can sell your property as you have attained the age of majority, you need to show your name under which the property was bought by your father and you have absolute right on that property. It is required to have your title on your name and you can sell that property
you have to execute the indemnity bond with strategic clauses.
