Kalyan 28 November 2022

How can my brother sell his part in ancestral property?

Hi,

I am kalyan .

We have ancestral property which is transferred to sons from fathers for last 8-9 generations.

I have two more brothers. Each one has 100 acres on his name. but it is still undivided.

A third party want to buy 20 acres of the property.

My two brothers want to sell to third party but I don't want.

They are telling that we all three should agree to sell 20 acres, the amount earned will be divided into three parts. The land sold will also cut from our parts in the property

So, approx. 6.5 acres of land will be given from each brother's portion to the third party.

I am not agreeing for selling the land.

I want to know how I can allow my brothers to sell land from their portion in the property.

So, that they can divide the money in two parts and the land will be taken from their portion i.e. 10 acres each.

I don't want any share in money and also don't want to sell from my portion in property.

Can I provide NOC to them or there is any other remedy available?

Sorry for my english. Please advice me.

thanks

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3 Replies

P. Venu (Advocate) 28 November 2022

100 acres of land? Where? How it is being used?

Anyhow, a joint holder can sell his undivided share of property and the buyer is entitled to seek partition of his share.

As such, you cannot be compelled to sell or part with your property; but you cannot prevent your brothers from selling their property, even though a joint holding.