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Sale of inherited agricultural land without consent of a co owner


17-Sep-2023 (In Property Law)
Some agriculturally lands are inherited by me along with my three brothers in the absence of any will. Each having 1/4 share in the land. Now a piece of land in the said property is very costly, and my two brothers along with me have decided to sell this land without the consent and knowledge of my another brother who is having 1/4 share, who is opposing this deal and don't want to sell his share. Can we sale that particular piece of land in the said property without consent and knowledge of one brother. And can he file a criminal case against us in future for this act?
Answers (2)

Answer #1
552 votes
If there is no specific division of the property upon the paper, then it is difficult to sustain any criminal case. At best the non objecting brother can claim his share in amount or share in another property.

Answer #2
732 votes
Without partition of property which has been inhereted among all its stake holder(in your case among all four brothers) no one have right to sell any part of property. Therefore, first , get the property divided among all of you.

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