Brother selling ancestral property


We have some agricultural land in a village in Tripura. It was my grandfather's property who passed away a long time back. The land was held jointly in the name of his two sons: my father and my uncle. No partition had been done. A couple of years back my uncle sold half of the property to another person. However, the value of the land which he sold, as his share, exceeds the value of the remaining land by a lot.

My father, a few days back, got my uncle's name cancelled against the remaining land and now the remaining land is in his name only. Please suggest me what I can do to get an equitable share, not just by area of land but also by the value. The person to whom my uncle had sold half of the property has already sold some part of the land to a third party. Can anything be done now or is it too late?

Answers (1)


428 votes
Was it self acquired property of your grand father or ancestral property? If land was held in name of your father and uncle they would be the absolute owners of said property. Since your uncle has sold his share, your father should sell off the land standing in his name if he needs money. Also, you have no rights on the said land unless it is ancestral property. Since your uncle has sold 50% of the property i.e his share if your father was aggrieved your father should have challenged the sale. The fact that your father did not do so for so many years would go against him in courts.


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