Urgent Assistance Needed: Homelessness Due To Family Property Sale

Dear Sir, If it is self acquired property of your father then children have no right to get any stay order on such proposed sale. However, if your mother is alive she can file a maintenance suit and seek interim injunction restraining her husband from selling the property as she may be on streets if such property is sold without giving her alimony or monthly maintenance.

Dear client, In Assam, inheritance rights depend on the religion of the family. Here's a breakdown for both scenarios: Scenario 1: Hindu Family The Hindu Succession Act, 2005 (amended): If the family follows Hinduism, the 2005 amendment to the Hindu Succession Act gives daughters equal rights in ancestral property as sons. This applies irrespective of whether the father was alive at the time of the amendment. Children's Rights: Based on this law, the children (sons and daughters) have a right to a share in their father's property, including the one he sold. Scenario 2: Non-Hindu Family Applicability of Different Laws: For families following religions other than Hinduism, inheritance is governed by their respective religious laws or customary practices. Examples include Sharia law for Muslims and customary law for some tribal communities. General Guidance: Documentation: Having documents like property sale deeds, family records, and proof of residence will be crucial for any legal action. Legal Options: They can explore the following options: Negotiation: Encourage them to have an open and honest conversation with their father about their situation. Mediation: Mediation can be a good option to reach an amicable solution with the help of a neutral third party. Legal Action: If negotiation fails, they can consider legal action to claim their share in the property. This would involve filing a suit for partition in a civil court. Additional Considerations: Guwahati High Court Ruling: A recent Gauhati High Court ruling stated that descendants cannot claim a share in ancestral property based solely on occupancy unless it was mutated (land records updated) in their parent's name during their lifetime. This might be relevant depending on the specific circumstances of the property sale.

We can help you with an interim order for residential property. Please book consultation online ?

Arbitration or Mediation help shall be taken at first instance. For further clarification, you are free to approach. Thanks.

Issue them notice through lawyer demanding your share and if he refused to give your share then file suit for partition in court through lawyer.