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kaushal (ma)     17 October 2013

Family dispute over land

our family has a property approx 5 acre of which 3 acre is jointly owned by 3 sisters and mother and remaining 2 acer is owned by mother .

one of the sisters without anybodys knowledge had sold her rights/property of the total property jointly owned as well owned by mother .

this came to light when every1 together wanted to sell the property for funds.

q is can the sister sell her rights in land without asking others ? in jointly owned as well as owned by mother?

what legal action can others take against her to safeguard there interest.and get the property cleared??

 



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 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     17 October 2013

How come sisters got the property?  If it is ancestral then one of the sisters cannot sell the property.

kaushal (ma)     17 October 2013

yes they got when there father expired.

not only she sold her right on joint owned  but also on the 1 where7/12 have only moms name

kaushal (ma)     17 October 2013


 

yes they got when there father expired.

not only she sold her right on joint owned but also on the 1 where7/12 have only moms name


 

Kuntalaraj (CA)     17 October 2013

I have my grandfather's undivided land. I have four uncles. They all don't want to divide the land because they are wealthy and no need of house but we are getting problem because we don't have divided land on which we can build even a small house. When we ask them to divide the land they don't care and avoid us.

One of uncle has built a construction on that land which has covered 3/5th of total land. We don't have even land available for our share. Can you please advise how we can legally proceed for land dividation and removal of construction built on our share of land? +918378975977

prudhvi (LlM,MSW)     17 October 2013

Sir

Your sister who sold the Property had right on her Share alone. No body can sell the Property of others Share. It is not legally  bind. The other sisters and your mothers can ask for partition.

T. Kalaiselvan, Advocate (Advocate)     18 October 2013

Your sister can sell only her legitimate share of property and any act done beyond that is an act of criminal breach of trust and cheating which is not binding on others and considered illegal and invalid by law.


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