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sale of ancestral property by my uncle. How to get it back?
21-Apr-2023 (In Property Law)
My uncle sold his undivided ancestral property share to outsider without our knowledge or signature, he sold total 1 Karnal land in verious almost 10 khasara numbers. am and my brother not want to sold our parental land to any outsider, now those purchaser file a suit in tehsildar office for partition. Request to you please help me on this. how can i got back those land. in those number most of the land are agriculture land which are cultivated by me.
If your uncle have sold his portion of undivided share in the ancestral property ,then you cannot object for the sale.
If the land is not divided between you and your uncle the suit for partition file by the purchaser on behalf of your uncle is right, you can appear in the suit and ask the court to demarcate the land by metes and bounds, thereafter you can be the owner of the land which comes as per partition and cultivate the same in future.
If your uncle tries to sell your portion of the land you can ask for interim stay of sale of the whole property until the suit for partition is decided by the court. The suit for partition would have been filed in civil court not before tehsildar.
If the portion of the land sold by your uncle comes in your share you can add the purchaser in the suit and claim the cancellation of the transaction and claim repossession of the land from the court.
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