Can I sell my share of the property if no partition?


Dear Sir, We are 3 brothers and 2 sisters. All are married and my father is no more. My mother is in the influence of my youngest brother. My youngest brother has captured all the property except very few land on which i am farming. My brother is every day creating social discord not to give me my share and is of the way to harm me. And my mother is neither distributing property nor writing that property to my youngest brother. Recently, my mother has registered residence in the name of both my brothers and we are residing in a ancestral small room which they also tend to evacuate from us. Towards this they quarrel and harms us. We has registered FIR in the police station, but police is not initiating any action against them and has taken bribe. My brothers also threatens our neighbours not to speak any thing to the police. Now at this juncture what should i do. Can I sell my share of property. Do I need the concurrence of either my brothers or mother. Kindly advise

Answers (3)


319 votes

First you file a partition suit before the court. Then, after partition you can do what you want to do with your property. It's your discretion after the partition whether to sell out the property or to possess it.


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108 votes

If the property is your father, you are very much entitled for one share, along with you Mother and all brothers- sisters. In this situation you can sell your share. No body can debar you. But If the property is in name of your mother, then matter will be different

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52 votes

In ancestral property every share holders have equal rights over the property. Your mother has got no right to registered the part of the property to one of your brother. But to sell your property you need to get the property divided.

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