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Oral partition land being sold by relatives how to get stay order


13-May-2023 (In Property Law)
 I would like to get your legal advice on our ancestral land. we had partition (orally) of our ancestral land between all shareholders. Since, Its not possible for me to stay always on my native place due my work location (I am staying in Bangalore since last 10 years). Therefore, they are taking advantage of my absence some of them are selling my land (which came in my share) during the partition by giving wrong Genealogy(vanshavali).  i request to to provide some legal advice here for below 1) I want stay order on all land registry done by them. 2) permanent injection from court on sell & buy and any agriculture activity.
Answers (3)

Answer #1
974 votes
Firstly you verify if any land of your share has been sold out by your co-sharers to anyone. If yes, you should go for a suit for declaration that the sale deed is null and void and for recovery of possession, if dispossessed, and also for permanent injunction restraining all concerned from selling out the land of your share.
Answer #2
664 votes
Hello sir,
As per the Issue No. 1, I would like to inform you that you should file civil suit for cancellation of sale deed which had been sold by your second heirs also you can seeks right, title and interest over such suit on the basis of right over such property. You already averred that orally partition had been done but other parties suppressed this facts to buyer and sold your shares to other one, In this situation you have right to file injection suit to stop selling of other land of second parties so that you can take possession of that land. Kindly provide me all information through lawrato so that i can assist you better. We can also file permanent injection suit against other parties.
Answer #3
709 votes
dear client
Its better to get the partition in court and file a partition suit and put it on pen and paper.
once you file the suit you can appeal for stay or injection as per requirement
for any query or help feel free to reply back
with regards
Adv Uttam Tibrewal
Ranchi

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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