There is property of my dad which has agri land and house plot. I am having 5 brothers. They are having share in that. But they are in foreign. I want to sell this property without knowing to them. I want to sell for my son's education. He s going to do pilot!! Kindly tell me a way to sell it?
Vinoba (Advocate) 24 November 2010
Hello,
I am sorry to say that you cannot sell the property on your own without the consent of your brothers. If done it amounts to cheating and other relevant crimes mentioned in Indian Penal code. Still you can sell your respective share in the property for which no consent is required from your brothers. But then there is another legal impediment which is the doctrine of pre-emption. It comes in to play if chose to sell your respective share to third parties.
L. Vinoba,
Advocate,
Pondicherry.
Solicitor Chirag Shah (Advocate & Solicitor) 24 November 2010
Ansolutly and correctly said by Mr. Vinoba
Adv Amit Kulkarni (Advocate) 24 November 2010
u can not sell this land, by ook or trook u get success in selling, this amounts to cheating
Viswanath (Student) 25 November 2010
Disposal without your brothers' consent tantamounts to cheating.
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