Uncle has fraudulently sold land without our NOC
13-Feb-2023 (In Property Law)
My grand father land has divided Within 6 son include my father. My uncle sold his land to a out side person. My uncle land is front of our house. Now the buyer given boundry wall in his area which is in front of our home. I want to know that without our NOC and without offer us for purchase the land can my uncle has the right to do that.
Uncle has fraudulently sold land without our NOC----- You can file a suit for cancellation of the sale deed on the grounds that sale is null and void as consent of Sharer and co sharer has not been obtained by the seller/ Uncle and the sale executed is null and void.
The question is whether there is any partition between your father and five uncles or they are mutually possessing there shares. What could be understood is that due to sale by your uncle, your entrance has been blocked. The matter needs more factual information to give proper advice. If there is no partition of property then your father can go for the same. He can also go for declaration of right, title and interest of his share over the property along with right of use and passage for entrance. For claiming preferential right of purchase there must be some act on your part communicating your intention to purchase the property of your uncle at market price.
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