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HariOm   08 July 2017

Can a co-sharer sell his share from undivided land

Can a co-sharer sell his share from an undivided agricultural land belonging to the coparceners/co-sharers in their joint possession?


>> My late grandfather got 60 bigha agriculture land from his maternal aunt (inherited) in UP.
After his demise in late 70s, that land had been transferred to legal hiers i.e.
1. My Father
2. Uncle A
3. Uncle B
4. Uncle C
5. Uncle D
6. Uncle E

After few years one of my Uncle - E passed away.
His legal Hiers - 3 adult sons got registered their names in land records (khasra -khatauni).

Now as per latest Bulekh records there are following coparceners/co-sharers in that agriculture land.
1. My Father
2. Uncle A
3. Uncle B
4. Uncle C
5. Uncle D
6. Son-1 of late uncle E
7. Son-2 of late uncle E
8. Son-3 of late uncle E

Query 1 : Can Son-1 sell his portion of land to any third party, without any consent to other coparceners/co-sharers  ?
Whereas that agriculture land is not yet divided (KURA BANDI /Partition not yet done).

Query 2: Is there any way, we can prevent such sale in future by any other coparceners/co-sharers so that they cannot sale this joint family agriculture land to stangers / notorious person.
If anybody wants to sell his share ,first of all he should offer for sale to other coparceners/co-sharers.

 

 



Learning

 6 Replies

Srinivas (Partner)     08 July 2017

Since partition is not done. Son 1 cannot sell. Court will help in partitioning if few ppl disagree amicably.

Kumar Doab (FIN)     08 July 2017

The nature of property that devolves by inheritance is self acquired.

The matter seems to be simple inheritance.

The legal heirs may partition by metes and bounds and sell.

Advocate Bhartesh goyal (advocate)     09 July 2017

Yes,co sharer can sell his undiveded share but can not handover the possession..b

Advocate Bhartesh goyal (advocate)     09 July 2017

Yes,co sharer can sell his undiveded share but can not handover the possession..b

Kumar Doab (FIN)     09 July 2017

Other Co-sharers might accept the offer.

Jorja Ritchie   07 May 2018

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