Dispute in huf property

File a partition suit in the court.

Hi,

thanks for reply.

But, what to do for current registry which is done. it is illegal.

thanks

The cosharer can sell his undivided share in the property with or without the permission of the other shareholders.

Therefore the sale cannot be termed as illegal or invalid.

If you do not want to continue the joint holding/enjoyment of the property, you can file a suit for partition and seek remedy/solution

hello Sir,

The problem is , I am from a mountainous area.

we have two type of lands, fertile and non fertile. fertile land price is 4-5 times more than infertile land.

Let assume that there are 4 shareholders of all properties having 25% share for each

and 25% is fertile land and 75% is not fertile.

the 25% fertile is divided into four parts and infertile land is also divided into four parts.

Now, if a shareholder having 25% share in undivided property, sell 25% of fertile land claiming that it is his share. the rest of shareholders will get only non-fertile land whose rates is very low.

thanks

 

Land owner only is having rights to sell or distribution of the land.

If you feel that the person who sold his 25% share out of the entire property stating that he is entitled for 25% and had sold the property from the fertile land portion, then it would be illegal and invalid.

You can file a suit for partition seeking your share from both the fertile and unfertile landed property equally by good and bad soil and metes and bounds. 

You can implead the subsequent purchaser also as a necessary party to the suit.

Since you are not a party to the sale, you do not have to ask for cancellation of the sale deed, instead you can ask the court to declare that the sale as null and void for the reasons you may rely upon

What does this means?