Sell of undivided house and land property
tuhin
(Querist) 23 November 2012
This query is : Resolved
We are four brothers. We have a joint undivided Land and House property in the name of Four Bothers at kolkata . Two of my brothers want to sell his share. At this time I file a suit for Partition and Injunction at District court, but two brothers not attend the court at the time of hearing. Now the two bothers sell his share to a purchaser.
My questions are under as following :-
1. Can they sell his share at the time Injunction and Partition case pending at District court?
2. Can they sell his share without any informing us?
3. What is procedure for protest this matter ?
Please advice me what I do ? As early as possible .
ajay sethi
(Expert) 23 November 2012
contact your lawyer . as on date no injunction has ben granted restraining the 2 brothers from selling their share . had injunction been granted sale would have been contempt of court .
Raj Kumar Makkad
(Expert) 23 November 2012
If no injunction order was in force then they can definitely sell but cannot give specific possession without getting formal partition. You lawyer shall amend the suit now in the change circumstances.
