Dear Eminent lawyers,
My grandfather had two sons. My father and his elder brother. My grandfather and my father stayed back at my native village and looked after our ancestral peoperty while my father's elder brother worked with the govt and was staying throughout his career in lucknow. My grandfather expired in 1990. After his death, my father got the complete documentation done in the name of his elder brother and himself. In 2008, my father passed away.
Since then, my father's elder brother has started disposing off the land in bits and pieces without ever consulting us. This resulted in lot of anti social elements coming nex to us because they purchased the land from my father's elder brother ata lower rate. At times, I also wanted to purchase the land from my father's brother but he refused to do so and sold it off to others. Now, I am facing a problem with the people who have purchased the land.
Questions.-
1. In such a case, can my father's elder brother sell off his share of land without a proper partition being done?
2. If he has sold off his share of a particular piece of land withpur partition being done, how it is decided that which side of the land will be mine and which side will be of the person purchasing the land from my father's elder brother?
3. If I am ready to pay the price of the land at the prevailing market rate, is ther any provision to make him offer his land first to my being his nephew and neighbouring property holder?
4. Can the registry of the land be held back till the time a proper partition has been done?
5. The property also includes a house in the village, which if sold to anybody else will make my living ther unteanable. What can be done to prevent him from selling half the portion of his house which is also an ancestral property to anybody else?
I am under tremendous tension as my father's elder brother is selling off the land without a proper partition and also when he has not visited the village for the past 40 years. My father was only looking after the ancestral property.
Your reply will be very helpful.
Regards
Rashee
