My wife have 50 kanal property on her name but her brother did not give permission to sell it we have no house for leaving we are take a rented house that is why we want to sell son kanal.in her property but her brother did not allow it

Answer 1

Is it jointly with her brother? Or jointly with someone else (e.g., her father, uncle, or husband)? Was it gifted or inherited? If it is joint property with her brother, then legally all joint owners must consent to sell the property. If it is solely in your wife’s name, she can sell her own share freely. From your message, it seems the brother may claim rights in the property (as joint owner or heir). This is important because under Islamic law, if the brother inherited or has joint ownership, he cannot be forced to consent voluntarily, but legal remedies exist. If the property is jointly owned with her brother, you can file a suit for the partition of the property in the civil court. The court can divide the property among co-owners according to their legal shares. Once her share is partitioned and her portion is separately recorded, she can sell her portion without her brother’s permission. The second co-owner can sell their share to another person without the consent of other co-owners, but the buyer gets only an undivided share, not a defined portion of land. Practically, buyers prefer partition first to avoid disputes. If the property is solely in her name, her brother has no legal right to block the sale, unless he claims the land is ancestral property and that he has inherited share rights, or claims the sale is against family rights. In this case, she can apply for permission from revenue authorities (Patwari/Tehsildar) to sell the property, or directly execute a sale deed and register the sale at the sub-registrar’s office. She can also file a civil suit asking the court to declare her sole ownership and allow her to sell her portion, and the court can also direct an injunction against interference to prevent her brother from obstructing the sale.

Adv Syed Abbas Niazi

High Court Lahore | Office # 24 3rd Floor Rehman Trade Center, Sargodha

City: Sargodha | 7-10 Years Experience | B.A, LL.B

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