Uncle cannot sell portion of house without landlord consent 

It is ground for eviction 

inform landlord of uncle attempts to sell potion of house 

Hello, 

1. The fact is that the tenants need to get the consent of the landlord to sell the tenement. The sake without consent of the landlord is good reason for eviction of the tenant. 
2. Your father can inform the landlord that his brother is trying to sell the portion in his occupation and for fear of eviction he will have to refrain. 

1. You have a right of preemption, that is, if your uncle wants to sell his portion, he should first offer it to you, only after you rejection of offer he can sell it to outsider.
2. Unless there is partition of tenancy rights between uncle and father, he has no right to sell any portion of the property.

Under both the rights you can file a suit in civil Court seeking injunction against uncle restraining him from selling his portion. Once a suit is file and property is put in litigation, no one will come forward to buy the property.

Dear Sir,

1) Once tenant and landlord relation is established it does not seize no matter how long the tenant lives in the property he will remain a tenant.

2) Your uncle cannot sell property without consent of landlord, as the same is ground for eviction.

3) Tell you father to inform the landlord to send legal notice to uncle, and the uncle will have to stop.

Thank you

- As per law, a tenant cannot claim an ownership right on the ground of adverse possession  , even the tenant is living into the tenanted premises since long period. 

- Hence, the landlord having their right to get vacated the tenanted premises from the tenant. 

- Further, as you are also staying in some of the portions of the building , then you can also file a suit for Permanent Injunction before the court for restraining your uncle to sale any portion of the building. 

In no manner your uncle can claim title to the property, similarly your father also cannot claim title to the property, hence neither your father nor your uncle can sell the property by executing a registered sale deed.

Therefore the sale of property by your uncle is illegal and invalid, the buyers will face problems in future when they are trying to sell the property purchased from your uncle. 

Presently your father can file an injunction suit against your uncle to restrain him from selling the property in which your father is living for the reason that your uncle cannot sell the property since he do not have any rights or interests in the property to sell the rented premises, that your father is one of the legal heirs to the deceased tenant hence he is protected by tenancy rights. 

Though these are weak points, but this will somehow restrict your uncle to sell the property during the pendency of the litigation.

It is a lawsuit. 

You can consult a local advocate and discuss the subject matter at length. 

You may proceed with filing the suit for injunction as suggested. 

You are also a tenant 

you may  not get any stay orders 

landlord has to obtain stay order restraining tenant from selling the portion of house 

1. It is not clear whether your father has any share in the property or not. f yes then to stop selling the share of you uncle he can file a suit for partition and injunction.

2. if your father has no share but is occupying the premises as a tenant then he can not stop his brother from selling the same even though a tenant can not sell his tenanted premises. 

Dear Sir,

1) You as tenant cannot file suit for injunction, the landlord will have to send eviction notice and file suit for injunction against uncle.

2) Permanent injuction  suit is filed under specific relief act.

Thank you

- Yes, you can approach the Court for getting restrained order after filing an Injunction suit without 144.  

1. Your father shall have to file a partition suit claiming his share of the property divided by metes and bounds.

2. Thereafter he shall have to file a petition u/o 39 r 1 & 2 praying for an injunction restraining your uncle to deal with the said property in any manner till the disposal of the case.  

1. You shall have to first apply for interim injunction s suggested in my earlier post and keep renewing the same periodically (normally every month).

2. After a few months you can apply for making the interim injunction permanent.