Kuldeep Saxena (Not Applicable) 26 September 2012
We have ancenstral land (in urban area) in MP which is currently registered in the name of 5 brothers. Four of us want to sell it but the fifth brother is not co-operating. i. What are the options available with us to resolve. ii. Can we sell 4/5 portion without consent of the fifth leaving 1/5th area as it is.
Bhawani Mahapatra (Law Officer) 26 September 2012
Dear Kuldeep
Your query is tagged with a solution also.
But the first & most safe solution is to file a partition suit of the property. It may take time, but after that every joint-owner will have a separate right to dispose off his own portion of land & there will be no future litigation also.
But if four out of five joint owner will sell 4/5th of the property, there is a chance of future litigation as the property is not devided by meets and bounds.
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