Undivided agriculture land
Aman
(Querist) 02 November 2012
This query is : Resolved
CAN A PERSON BEING A CO-SHARER (CO-SHARERS HERE ARE NEITHER FAMILY NOR PARTNERS) IN AN UNDIVIDED AGRICULTURE LAND, CAN SELL HIS SHARE IN FORM OF PLOTS AT DIFFERENT SPECIFIC LOCATIONS WITHIN THE JOINT/UNDIVIDED LAND, WITHOUT THE CONSENT OF OTHER CO-SHARERS ??
IF, HOWEVER, HE MANAGED TO DO SO WITHOUT THE CONSENT OF OTHER CO-SHARERS,
1. WHAT SHOULD BE HIS LIABILITY ?
2. ACTION TO BE TAKEN BY OTHER CO-SHARERS ?
PRESENT STAGE IS,SALE DEED HAVE EXECUTED & MUTATION HAVE ENTERED, BUT PHYSICALLY NOT POSSESSED YET..
prabhakar singh
(Expert) 02 November 2012
A CO OR JOINT OWNER CAN SELL HIS ENTIRE SHARE BUT WITHOUT SPECIFICATION OF LOCATION UNLESS THERE HAS BEEN A PARTITION AMONG THE CO OR JOINT OWNERS.
Aman
(Querist) 02 November 2012
THANK U PRABHAKAR SIR,
SIR, PLZ ANSWER THE SECOND PART ALSO..
prabhakar singh
(Expert) 02 November 2012
A SUIT TO RESTRAIN BUYERS FROM TAKING OVER POSSESSION OVER SPECIFIC SOLD PORTION MUST BE FILED ON THE GROUND THAT NO PARTITION HAS TAKEN PLACE AMONG VENDOR AND OTHER CO-OWNERS.
FRAGMENTATION OF HOLDING MAY BE ANOTHER GROUND DEPENDING ON LAW OF STATE CONCERNED.
Aman
(Querist) 02 November 2012
THANK U SIR,
DOES THIS ILLEGAL ACTION OF THE CO-SHARER IS COVERED UNDER IPC 420?
prabhakar singh
(Expert) 02 November 2012
IT MAY BE AN ACT WITHOUT RIGHT BUT NOT ANY FRAUD AGAINST OTHER CO OWNERS .
