Prem 23 August 2015

Grand father's property

Dear Members,

I thank you for all your help.

My grandfather (Expired) have three sons including my father (expired). My Dad's two brothers (my Uncle’s) sold their share of my grandfather’s property to a third party without dividing the property among themselves.

Now I am facing arguments with the third party in getting my Dad's share. The third property is demanding us to sell the property which I don’t want to sell.

My question is

Is it legal for my uncles to sell their property even before dividing it among the three brothers? Is the document valid?

What can I do? Kindly help.

Thanks a lot

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4 Replies

Subash M R (Advocate) 23 August 2015

Yes,as far as their shares are concerend in the undivided property,they can sell their respective share,but question is whether could it be ascertained that the sold shares are their legal shares only and they did not encroach your share of property land ,so,there must have a clear cut demarcation of boundaries of each share of properties before the sale of individual shares is the gist.

Thanking you,

1 Like

Prem 23 August 2015

Sir,

Thank you for your reply. There was no partition or demarcation of boundaries of the property yet. They have written the document stating that they are selling 2/3 rd of the property to the third party.

How could we proceed with this sir.

Thank you so much