Selling of land by my brother or other without my notification
ritesh
(Querist) 22 January 2015
This query is : Resolved
DEAR SIR
I AM RITESH KUMAR (22) FROM BHAGALPUR BIHAR.
MY GRANDFATHER HAD SOME AGRI_LANDS.AFTER THE DEATH OF MY GRANDFATHER, MY FATHER WAS THE OWNER OF THAT LAND AND MY FATHER HAD DONE THE MUTATION OF THAT LAND BY HIS NAME, BUT LAST YEAR MY FATHER HAD DIED. AFTER HIS DEATH, MY YOUNGER BROTHER
(20YR) AND MY MOTHER ALSO TRYING TO SELL THE LAND WITHOUT MY NOTIFICATION OR PERMISSION.
AND NOW THEY (MOTHER & BROTHER) HAD SOLD A PIECE OF LAND WITHOUT MY PERMISSION.
WHAT SHOULD I DO ?
IS IT POSSIBLE FOR MY MOTHER AND BROTHER TO SELL MY FATHER'S OR (GRAND FATHER'S)PROPERTY WITHOUT MY PERMISSION ?
WHERE TO FILE A COMPLAINT FOR CANCELLATION OF REGISTRY FOR THAT LAND.
I NEED YOUR ADVICE.
PLEASE GIVE A PROPER ATTENTION ON IT.
WARM REGARDS
RITESH KUMAR
kumarriteshbca@gmail.com
..................................................
DEAR SIR
MANY MANY THANKS FOR YOUR VALUABLE GUIDANCE.
BUT I WANT TO SAY TO ALL THE EXPERTS WHO GAVE THEIR VALUABLE OPINION THAT "THE PROPERTY IS NOT DEMARCATED" IT IS A JOINT PROPERTY AND ALSO "MY FATHER HAD NOT LEFT ANY WILL". AND WE ARE ONLY THREE MEMBER IN OUR FAMILY, ME,MY BROTHER AND MY MOTHER.
SO ACCORDING TO THIS CONDITION, ARE THEY ABLE TO SELL THE PROPERTY INDEPENDTLY.
IF YES,
THEN CAN I SELL THE PROPERTY OF MY SHARE ? WITHOUT ASKING THEM.
PLEASE SUGGEST ME.
AND LAST.
TODAY I HAD MET A LOCAL LAWYER FOR THAT CASE,HE SAID ME TO COLLECT THE INFORMATION FOR THAT PLOT WHICH HAS TO BE SOLD BY THEM AND I HAVE COLLECTED THE INFO FROM REGISTRY OFFICE.AFTER THAT THE LAWYER SAID ME THAT HE IS GOING TO SENT A NOTICE TO CIRCLE OFFICER (CO)OR DCLR OFFICE OF MY BLOCK TO STOP THE MUTATION PROCESS OF THAT LAND AND AFTER THAT HE WILL FILE A SUIT FOR PARTITION.
AM I GOING IN RIGHT WAY OR NOT.
PLAESE GUIDE ME.
WARM REGARDS
RITESH
Advocate M.Bhadra
(Expert) 22 January 2015
Section 44 of the Transfer of Property Act, 1882, deals with transfers by one co-owner. It also deals with the rights of a transferee in this type of a transaction.
Transfer By One Co-Owner- Where one of two or more co-owners of immovable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires, as to such share or interest, so far as is necessary to give effect to the transfer, the transferors right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting, at the date of the transfer, the share or interest so transferred.
However you can file a Suit for Partition and Injunction in Civil Court where the property is situated.
T. Kalaiselvan, Advocate
(Expert) 23 January 2015
You have to file a suit for partition and injunction immediately. You have a right in your father's share of intestate property.
Dr J C Vashista
(Expert) 23 January 2015
I agree with experts, however, other co-owner(s) of the property can sell their share.
Did you get it demarcated/partitioned? If yes, they can sell their part otherwise get it partitioned and demarcated, till then get an injunction.
Engage and consult local (Bhagalpur-Bihar, where property is situated) lawyer and proceed as advised.
malipeddi jaggarao
(Expert) 23 January 2015
Whether your father is only the legal heir to your grand father?
Whether your father left any Will?
Whether there is any family adjustment to share the properties of your father?
Who are all other legal heirs to your father? Your mother, you, and your brother or any others(like sisters) are also there?
These are all to be examined properly before giving any advice to you.
However, presuming that you 3 are only legal heirs, if two other legal heirs sold some part of the property, if it is demarcated, they have the right to sell. If that property is not demarcated, you should initiate a dialogue with other legal heirs and ask for demarcation and during such demarcation avoid that piece of property which is already sold by the other LHs for your share. If all are agreeable for such arrangement, make a partition deed, include the sale of property in the recital out of the other LHs share and get the partition deed registered. This will protect your rights.
Rajendra K Goyal
(Expert) 23 January 2015
A co-owner of the property can sell his / her share without permission of other co- sharers. Obtain a copy of the sale deed and consult a local lawyer.
You can file suit for partition of the land.
ajay sethi
(Expert) 23 January 2015
section 44 of TP act is self explanatory any co owner can sell his share without consent of other co owners . file suit for partition
ritesh
(Querist) 23 January 2015
DEAR SIR
MANY MANY THANKS FOR YOUR VALUABLE GUIDANCE.
BUT I WANT TO SAY TO ALL THE EXPERTS WHO GAVE THEIR VALUABLE OPINION THAT "THE PROPERTY IS NOT DEMARCATED" IT IS A JOINT PROPERTY AND ALSO "MY FATHER HAD NOT LEFT ANY WILL". AND WE ARE ONLY THREE MEMBER IN OUR FAMILY, ME,MY BROTHER AND MY MOTHER.
SO ACCORDING TO THIS CONDITION, ARE THEY ABLE TO SELL THE PROPERTY INDEPENDTLY.
IF YES,
THEN CAN I SELL THE PROPERTY OF MY SHARE ? WITHOUT ASKING THEM.
PLEASE SUGGEST ME.
AND LAST.
TODAY I HAD MET A LOCAL LAWYER FOR THAT CASE,HE SAID ME TO COLLECT THE INFORMATION FOR THAT PLOT WHICH HAS TO BE SOLD BY THEM AND I HAVE COLLECTED THE INFO FROM REGISTRY OFFICE.AFTER THAT THE LAWYER SAID ME THAT HE IS GOING TO SENT A NOTICE TO CIRCLE OFFICER (CO)OR DCLR OFFICE OF MY BLOCK TO STOP THE MUTATION PROCESS OF THAT LAND AND AFTER THAT HE WILL FILE A SUIT FOR PARTITION.
AM I GOING IN RIGHT WAY OR NOT.
PLAESE GUIDE ME.
WARM REGARDS
RITESH
malipeddi jaggarao
(Expert) 24 January 2015
They sell their share independently.
You can also sell your share independently.
Your lawyer is taking steps in right direction.
M V Gupta
(Expert) 25 January 2015
Your lawyer has advised the correct course of action. But the suit for partition can be filed even before issue of notice to the Block officer; implede the Block Officer as party defendant and obtain interim injunction against the defendants from effecting any change in the land records and creating any further third party interests. Dont forget to implede the buyer who purchased the property from ur mother and brother.
Advocate M.Bhadra
(Expert) 26 January 2015
You can file a suit for Pre-emption Right under sec. 4 of the Partition Act
Section 4 in The Partition Act, 1893
Partition suit by transferee of share in dwelling-house.—
(1) Where a share of a dwelling-house belonging to an undivided family has been transferred to a person who is not a member of such family and such transferee sues for partition, the court shall, if any member of the family being a shareholder shall undertake to buy the share of such transferee, make a valuation of such share in such manner as it thinks fit and direct the sale of such share to such shareholder, and may give all necessary and proper directions in that behalf.
(2) If in any case described in sub-section (1) two or more members of the family being such shareholders severally undertake to buy such share, the court shall follow the procedure prescribed by sub-section (2) of the last foregoing section.
