Ancestral land sold by brother without my information
Querist :
Anonymous
(Querist) 26 March 2023
This query is : Resolved
My brother has sold a land in Bihar without my information at a very low rate as compared to the existing circle rate as he was in need of money. I do not approve of this deal. Can I challenge the registration of this deal? I have an elder sister too who had partial information regarding this but not directly involved.
Querist :
Anonymous
(Querist) 26 March 2023
This land was in name of my deceased father.
Dr J C Vashista
(Expert) 27 March 2023
Yes, the sale deed stated to have been executed by one of the three LRs of deceased father is illegal and invalid, accordingly may be challenged and cancelled, if the vendor was not authorised by other shareholder(s).
Querist :
Anonymous
(Querist) 27 March 2023
Thank you Sir..please guide me with the procedure and what can I do to not offend the buyer involved as it can be dangerous.
kavksatyanarayana
(Expert) 27 March 2023
File for cancelation of the sale deed executed by your brother. The amount shall be paid to the buyer by your brother after the cancelation of the deed in court.
T. Kalaiselvan, Advocate
(Expert) 28 March 2023
Since you are also entitled to a share out of your deceased father's property, you can file a suit for partition without seeking to cancel the sale deed already executed by yor brother. Since his sale of entire property is no binding on you, there is no necessity to challenge his sale of property, instead you can file the suit for partition and an application for temporary injunction to restrain the subsequent buyer from further alienating the property to avoid multiplicity of proceedings in furtherance.
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