Our ansestor property (grandfather) has not been devided.My father was three brothers.they have two sons each.Now one of my cousin has started selling land on his own without taking us into confidence.plese advice is it legally? correct to sell the land on his own.what is the way out.
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On grandfather demise your father and his siblings have equal share in property
2) your uncle and his children can sell their one third undivided share in property without consent of other legal heirs
3) under section 44 of transfer of property act co owner can sell his share without consent of other co owners
1.It often happens when joint properties are not distributed or not taken care of.Selling one's share even before partition is not itself illegal.
2.Anyway the preferable way to resolve the dispute is to sit together and divide the properties amicably and then execute and register a deed of partition.
3. If this doesn't happen then go for suit for partition wherein you can seek injunction so no one can sell proeprty even if his sahre till the court gives final decision.
To stop your cousin from selling the land you can file a suit for permanent injunction and seek temporary injunction against him. On the demise of your grandfather his property devolved through succession on all his children equally.
Your father has to file a suit for Partition and Separate Possession in respect of said land against all the legal heirs of your grandfather seeking your share in ancestral property and also have file a petition seeking ad interim injunction not to alienate to third parties or not to create third party internist in respect of said property till disposal of main suit.
If your father is alive then he can file a suit for partition seeking separate possession of his share in the property and also an injunction to restrain the defendants from selling the property anymore.
