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sale of property

(Querist) 24 November 2010 This query is : Resolved 
If a Land is in the name of 5 Brothers as it was in the name of their fathers before his death. but now all 5 has equal right can thee any 4 brother sell 4/5th land without knowledge of 5th brother, Further the land is not alloted as per map in individuals name all 5 are equal owner. So the area is not specified say who is the actual owner of a part, Can the 5th claim the front if 4/5th are already sold by the 4.
adv. rajeev ( rajoo ) (Expert) 24 November 2010
If the property is not divided by metes and bounds it is very difficult to sell the property so it is better to divide the property by metes and bounds to avoid the further litigation. If any person sold his share it will be adjusted to his share in case of division by metes and boudns.
Khaleel Ahmed Mohammed (Expert) 24 November 2010
Without partition no one can sell the property, either total property or partly.
Devajyoti Barman (Expert) 24 November 2010
Though even before the Parttion any of the co sharer of the property can sell hs share without the consent or knowledge of others, the actual demarcation can happen only after the partiton by metes and bounds.


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