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Partition and sale of land without consent
16-Sep-2023 (In Family Law)
Dear sir, We have some agricultural land approx 12 bigha in the name of my grandfather.my grandfather had three son A,B and C. The property which was mutually divided among the three brothers A, B and C however no paperwork was initiated.Now B having share of 4 bigha land having four son 1,2,3, and 4. After the death of B and his wife, his sons 2,3, and 4 started selling the road facing agricultural land without the consent as well as knowledge of 1 that is me. The elder son of B.Also I have acquired a residential plot in the town in the name of my mother . Please tell me if I can file for partition of ancestral property alongwith self acquired property in my mother's name in a single suit. Also how can I regain my rights in the land which was sold by my brothers one month ago. Please tell me the chances.
Yes you can file a single partition suit clubbing therein all the properties. In the same very suit you can claim the compensation for the property which were sold by your brothers. The court will consider all the aspects of the matter
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Adv. Prem Singh
Patna | 100+ Answers
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If there is more than one stake holder in inheretated ancestral property, without devideing it among all its share holder, one share holder can not sell the property. Therefore, file a partition suit .
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Adv. Kumar Abhimanyu Pratap
Patna | 400+ Answers
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