quesLand Dispute, Summons issued. Can brother sell share without consent?

My grandfather passed away in November 2012. He left ancestoral land and house to my father and his brother 50-50 share. My uncle now wants to sell his share of the house and land. My father has advised me that he was issued a Court Summons letter which he doesn't understand - can you advise what this letter may have stated? My father does not agree to his brother selling his 50% share of the land and home. Can you advise on the legal position regarding this? Could his brother go ahead with the sale without my fathers consent? Are there time frames we need to be aware of please? 

  • ans

    If the property is not partitioned and your uncle's 50% share is not identified, then the same needs to be partitioned first before your uncle can sell it. He might have filed a suit for partition in court.

    Also, a court summon comes along with a copy of the petition filed in court. You can understand the case from the set along with the court summon.

    Court summon only mentions the details regarding the next hearing in the case.

    Your father will have to contest the case filed by your uncle to safeguard his interest in the property. 

  • ansIn case your uncle has legally inherited 50% share in the property of his father than, he is free to dispose of the same. However, in case the property is of a kind which cannot be partitioned by meets and bounds than, u can file an injunction suit before the court and take a stay order with a request to the court to intervene in the matter and do the needful.

    Advocate Jiwan Pal Singh

      Tis Hazari Court, Delhi

  • ansIf the property is not partitioned and your uncle's 50% share is not identified, then the same needs to be partitioned first before your uncle can sell it. He might have filed a suit for partition in court. Also, a court summon comes along with a copy of the petition filed in court. You can understand the case from the set along with the court summon. Court summon only mentions the details regarding the next hearing in the case.

    Your father will have to contest the case filed by your uncle to safeguard his interest in the property.

    Advocate Kanika Bhutani

      Punjabi Bagh (West), Delhi

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