File suit for partition for division of property by metes and bounds
2) were you party to suit filed by purchaser
3) was any appeal filed against order passed in favour of purchaser
Undivided property - one partner sold more than this share
Our property is about 10 Cent. It is undivided for 3 generations. There are 7 legal heirs. My brother one of the heir sold the 6 cents through power of attorney in 2005 (more than his share). The purchasor of the land filed a suit against my brother (one who sold) and won the case in 2016. There is no partition among the 7 heirs. Other Can other 6 parties approach court and get their respective share
Asked 4 years ago in Property Law
Religion: Hindu
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12 Answers
- As per law , none of the legal heirs having right to sell and transfer any portion of the property without the consent of other legal heirs .
- Hence, the said sell by your one brother is invalid , and other legal heirs can cancel the sale deed legally.
- Yes, 6 parties having their equal respective right over the property , and can approach the court after filing suit for Partition , declaration & Injunction for getting their share and to cancel the sale deed done by brother.
The option before the other shareholders is to approach court seeking proper partition of the entire properties divided equally by metes and bounds and good and bad soil into so many equal shares as per number of legal heirs and to allot one such share to each of the legal heirs with separate possession.
the relief is through a partition suit before a court competent.
Yes you can approach court on basis of 2016 order for partition deed.
It is not clear what was the nature of the suit and what was the outcome of the same.
If your brother had undivided share then why are the question of POA coming?
To get your respective shares you can file suit for partition.
Your brother can sell only his share in the property.If he sold the share more than allotted to him not binding on other joint owners in the property. They can file a partition suit for getting their respective shares in the property by metes and bounds .
Yes
1. FIRSTLY, selling undivided property is illegal and CANNOT be transferred to an outsider owner. However it undivided share can be sold to within the legal heirs.
2. You can file Civil Court Suit to set aside (null & void) the earlier Sale Deed and claim your share of property.
Keep Smiling .... Hemant Agarwal
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Dear Client,
You may file a case in the civil court and you may also register an FIR.
yes they can approach court for partition
Yes other hiers need to file suit for cancellation of sales deed by brother and partition of property to claim their share from undivided land.
Yes other heirs can challenge before court. Consult and engage a local prudent lawyer for better appreciation of facts, analyse, guidance and proceeding professsionally.
