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Praveen Kumar Poddar (Asst. Manager Finance)     04 October 2012

Property dispute

Dear Sir,

I would like to know following:

1. A property received in heritage from the parents need to get registered with registrar. If the property distributed among the children  (Three children of the parents).

 

2.  If a father has three son’s  and one of the sell one part of his property to other brother before distributing the property among the children. Then:

 

a. Can he sell his part of property before distribution or can sell after  become the legal owner of the same property, after distribution?

 

b.  If one has sell some part of his property to other brother before distribution of the property and  other brother does not have any proof of purchase of property. Can first brother challenge the same that he has not sold the same to other brother?

 

c. If one brother sold a part of his property to his other brother before distributing the property of the parents (in heritage) and other brother does not have the proof of purchase of property . After the death of their parents when they distribute the property  among other brothers in distribution of property  First brother took the opportunity and put his name on the property he purchased from younger brother while making the property distribution documents.  Now second brother  or / and his major children can appeal to the court that in elder brother has not done the justice while distributing the property and took extra in his favour as  Elder does not have the proof of purchase from younger brother?

Pls suggest the legal point and view urgently.

Thanks

Praveen Kumar

Pravin92111@gmail.com  



Learning

 5 Replies

Tripti Nagwekar (Owner)     05 October 2012

I am also interrested to know the answer for aboe.

kaushik gharat (CS Trainee)     05 October 2012

I am also interrested to know the answer.

 

K.K.Ganguly (Advocate)     06 October 2012

1) The share of undivided & undemarcated joint property can be sold but it can not be physically acquired till partition is done.

2) The selling brother should offer to sell his share to all the brothers with the specified price or at a higher price.

Tripti Nagwekar (Owner)     16 October 2012

Dear Mr. Ganguly,

Under what section of act, your following advice fits

1) The share of undivided & undemarcated joint property can be sold but it can not be physically acquired till partition is done.

2) The selling brother should offer to sell his share to all the brothers with the specified price or at a higher price.

 

please advise.

K.K.Ganguly (Advocate)     16 October 2012

1) As per Sec 44 of T.P. Act, 1882, one brother can sell his share of  the joint & undevided property to any other brother as is the instant case as per the query made.

.2) It is called preemption as detailed in the T.P.Act, 1882.


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