Reservation on undivided share

Querist : Anonymous (Querist) 20 February 2022 This query is : Resolved
I have land purchase agreement with a person by 2017.his share in his undivided family property is mentioned in said agreement.now his family filed partition suit to divide their land.the above person has financial liability with his brothers.so i fear that his share will reduce.can i approach same court to get his full share even i am outsider? Because he promised full share in agreement.can i detain his brothers and any other lenders from attachment of his share

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kavksatyanarayana (Expert) 20 February 2022
No. You cannot approach the court for his share. Without the division of property, how did you enter into the Agreement? If his share will come less than the portion mentioned in the Agreement, then you can file a case against him.

SHIRISH PAWAR, 7738990900 (Expert) 22 February 2022
Hello,

As per my opinion, you may join the suit as you have purchased the property from one of the co-sharer and simultaneously you may file another suit for getting your share in the joint property as per your agreement with one of the co-sharer.

P. Venu (Expert) 20 April 2022
Purchase cannot be through an agreement, but a conveyance deed only. Any further suggestion requires that the agreement be perused.

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