My 2 cousins wish to sell 5 acres from a total of 32 acres. The land is all shared and undivided. I am part of 2 Co owners who do not wish to sell. My other 2 cousins do wish to sell, and have taken a deposit on the 5 acres. The Four parties name is on all sections of land. Where do I stand, as my Father who is the only remaining Elder is adamant the land should not be sold?
If your father is joint owner of the property and is not willing to part with any portion of it to be sold by other co sharers , then he has right to do so.
Now to stop your cousins from selling 5 acres your father must file a suit for partition and seek injunction.
Since co sharer of a joint property has right over every inch f it, the court is likely to pass an order of ad interim or temporary order of injunction on sale by any of the co sharers of the property.
Under right to pre emption, you have prior right to purchase. Since it is undivided and specific portion not confirmed, file partition suit and seek injunction against sale.
File suit for partition for division of property by metes and bounds
2) seek an injunction restraining cousins from selling the land pending hearing and final disposal of suit
Hi,
It is not clear from your narration that your father is one of the co-owners or not. I guess you are talking about ancestral property and the land has been transferred to you all by the Court. Firstly, you all should file a Partition suit to divide the land among co- owners, without which it is not possible to demarcate the boundary and division of the land. Once the court decides the division, you all become owners of your respective land and then you can decide on individual basis if you want to keep the land or sell it. At this stage if anyone wants to sell, it will be necessary that all of you should sign the sale deed documents as co-owners without which it will not be possible.
Just to clarify, it is all ancestral land. My Father has registered all his Quarter share of land in my name. So essentially we are 4 Cousins, who own bits of land everywhere across the 32 acres. I would like to stop the sale of 5 acres, and would like to partition immediately. How do I do this quickly and amicably? without the need for an injunction? and as you say, if all co owners signatures are required for the sale of the 5 acres to go through without partition first! Or is there a possibility that they could push the sale through without my consent?
Co owners consent not required. Only issue new buyer will face, portion , so ask him for partition , if he refuse than court is the best remedy.
Since you in active possession of land, no court for partition but only advocate fees.
If you want stay of sale of land then you have to seek injunction order in partition suit
2) co owner can sell his undivided share in property without consent of other legal heirs
See you all can partition the property and the cousion who are interested to sale can sell there individual share.
Partition can be mutually done though deed or by filing a suit in the court.
It can be done amicable by way of partition suit. At this stage sign of all co-owners is required for sale since land is not divided.
Hii
greetings of the day.
1.The property cannot be sold without the consent and signature of all owners until and unless the other two have the absolute rights and POA.
2. Even though ...If you want you can approach to court and file and get the status quo....to stop the sale.... Restrictions order.
Status Quo Law and Legal Definition. Status quo generally refers to the existing state of affairs or circumstances. A status quo order may be issued by a judge to prevent any of the parties involved in a dispute from taking any action until the matter can be resolved.
All the best
They can only sell the land only after legal partition of the said land
You should file a suit for partition by metes and bounds & injunction along with interim relief application in order to restrain your cousin from selling the property and to get your share in the property.
Undivided ancestral land can be sold without the consent as all the parties in your case as the property has already been registered in the name of co-owners.
Without an injunction order, it is not possible to restrain your brother from selling the property if the matter is not solved between you amicably.
Alternatively, a deed of family settlement can be executed by all the members, partitioning their respective shares, after which anyone can sell their property.
1) The ancestral property which is undivided than you can put notice board in the land and take possession of land that without your permission no one can purchase the land.
2) Secondly you can take injunction from court.
3) If you know the parties i.e. Buyers than send them legal notice without your permission the sale deed is invalid.
Let your father file a partition suit and seek separate possession of his legitimate share in the property.
In the same partition suit let him file an injunction suit restraining them from alienating the property or encumbering the same in any manner till the disposal of suit.
This step will ensure the property is safe, but you must understand that how long can the other shareholders hold the property undivided or unsold, they may be doing for their requirement which you should not have any problem.
Instead of taking the matter through court of law which may have a very long stretched legal battle i.e., for years together, you may better settle the issue amicably.
If there is a seller willing to buy undivided share of your cousins, they may not need your consent to sell their share in the property.
Instead you may arrange for an amicable partition by which you can get separate possession of your share in the property after which there can be no problem for you for they selling their share in the property.
Dear Client
if two of the co owners do not wish to sell the undivided property then the sale deed cannot be executed as it requires signatures of all the owners of the property and if they some how manage to sell the property without your signatures then it would amount to fraud which will be punishable under Indian penal laws.
and if still the wish to sell then ask them to relinquish there share from the remaining land which will be equal to your share in 5 acre land that is 1.25 acre land in your name and 1.25 acre land in other co owner name and tell them to keep the consideration they are taking from sale of land.
for Partition of land equally you can approach tehsil office with partition plan. and get it approved from tehsildar. and apply for updating of mutation records.
1. please see section 44 of Transfer of property act
2.
Where one of two or more co-owners of immoveable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires as to such share or interest, and so far as is necessary to give, effect to the transfer, the transferor's right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting, at the date of the transfer, the share or interest so transferred.
Where the transferee of a share of a dwelling-house belonging to an undivided family is not a member of the family, nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house.
3. thus the 2 cousins can sell their respective undivided share in the land. However the buyer will be bound by the conditions and liabilities attached to the land.
4. so even if the 2 cousins sell their shares, you can still invoke partition and have the property divided by metes and bounds
5. this is a land and not a house. So the buyers will be entitled to joint possession. Had the property been a house belonging to an undivided family, the buyers would not be entitled to joint possession
1. The other co-owners having joint title of the land have the rightb to seel their undivided share of the land.
2. However, you can demand pre-emption of the sale i.e. you can demand that they shall have to first offer you to sell the said land at the same price they were offered by the third party before selling the same to the third party.
3. If you fail/refuse or neglect to pay the consideration within the stipulate time period, your said cousins can legally sell their nshare of the land to a third party.
4.They won't be able to sell it to an outsider if you wish to buy the same at the same price they wre offered by the thrird party.
5. You shall have to write to them offering to buy the said land at the price they are receiving from the third party or at the market price.
1. They can sell the land from their undivided share without informing you.
2. File a partition suit and also qsk for pre-emption of sale of their share of the land in full or part.
3. Also file an application praying for an order restraining them in selling their share of the land without the leave of the Court.