Sale of undivided property
govindaraj
(Querist) 04 February 2013
This query is : Resolved
Sir i my elder brother and my second elder brother"wife were having a property now she has sold her share (undivided) without my knowledge, now the purchases is compelling me to sell my share but i want the land what is my remedy, will i get first right towards the road
Advocate M.Bhadra
(Expert) 04 February 2013
In nature of undivided property co-owner can transfer his/her share,If you are a co-owner in respect of a property then you have pre-emption right over the property, stranger can not buy.Therefore before sell the property you can file a suit for Declaration and Injunction in Civil Court to restrain them.If the property already sold then you can file suit for Pre-emption for recover you right.
Adv.R.P.Chugh
(Expert) 04 February 2013
If it is a dwelling house, then the purchaser cannot get joint possession and when he goes in for a partition - you can exercise your right of pre-emption and buy him out.
