Is selling of better half of an ancestral property by a brother
Dear Mam/Sir,
We have some agricultural land in a village in Bihar.It was my grandfather's property who passed away a long time back.The land was held jointly in the name of his two sons: my father and my uncle.No partition had been done.A couple of years back my uncle sold half of the property to another person.However, the value of the land which he sold, as his share, exceeds the value of the remaining land by a lot.My father, a few days back, got my uncle's name cancelled against the remaining land and now the remaining land is in his name only.Please suggest me what i can do to get an equitable share, not just by area of land but also by the value.The person to whom my uncle had sold half of the property has already sold some part of the land to a third party.Can anything be done now or is it too late?
Awaiting an advice.
Asked 10 years ago in Property Law
Mr.Ajay Sethi..Thanks for the wonderful reply sir.The property is an ancestral property.And as you said that gives me some right over it.So will the fact that I did not file an objection affect my prospects if i move to the courts?Besides does equal share refer only to the area of the land or can i argue for getting a share of land with equitable market value? Please help.
Asked 10 years ago
Mr.Pradeep Bharathipura..Thankyou for replying sir.If i file a partition suit now would the partition involve the land already sold by my uncle or would it be between just my father and myself?
Asked 10 years ago
Thankyou for the crisp reply Mr.Ajay Sethi.
Asked 10 years ago