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queshow to get back our land sold illegally by cousin to a stranger

my cousin sold 2 cents of agrl. land to a stranger without other coparceners' consent and knowledge and the stranger constructed a house and frequently giving trouble to us. Is there any possibilities to vacate the house? If any laches, can my brother's son who is the age of 22 file partition suit and vacate the house under transfer of property act

  • ans

    First of all the cousin cannot sell the land without consent of other legal heir. The sale can be challenged. We suggest that, all the legal heir should file suit for declaration and eviction  and along with the said suit file suit for temporary injunction thereby seeking status quo on the land i.e the stranger cannot further construct or sell the land.


    In addition to aforesaid, you can file suit for partition thereby demanding your portion of share.

     

  • ansIf the land is owned by In court,will call u soon . Sharers then the portion sold by your cousin is invalid ,you can file the suit for cancellation of the sale deed and possession if given by your cousin. You have to add the person who has purchased the said land as defendant in your suit along with your cousin .

    Advocate Ritesh Isaac

      Bengali Market, Delhi

  • ansFirst of all the cousin cannot sell the land without consent of other legal heir. The sale can be challenged. We suggest that, all the legal heir should file suit for declaration and eviction and along with the said suit file suit for temporary injunction thereby seeking status quo on the land i.e the stranger cannot further construct or sell the land.
    In addition to aforesaid, you can file suit for partition thereby demanding your portion of share.

    Advocate Sudershani Ray

      Kailash Hills, Delhi

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