Legal Question in Appeals and Writs in India

My ques was: Dear Sir, If Me n my brother have property in shared name. Can He sell property from any side without my wish? Is there any legal action to decide first partition and then sell it.

Now I want to ask you that he has sold front part of whole property as his share without my wish and left cheap property for me. Then how can I get back my property through Indian Legislation? If possible please tell me.

Your Ans: you need to state whether the share of each brother was decided by filing a site plan of the property or not. in case the share was not demarcated, you may file a suit against your brother and the new owner for cancellation of sale deed executed by your brother on the ground that property was not demarcated.

Rajiv Gupta

Ques:

Now as the share of us was not decided till now, but he has sold half without my wish as I want to take that part. Now what should I do against this sale deed. Whether I can get that part through Indian legislation in any court and on which ground? (I had heard that As per Indian legislation court wll give preferene to choose me first from property as he has to sold but we are living there. Alos one thing that we had some memorable part at that sold property related with our Grandfather. and we was maintaining it.)


Asked on 11/15/09, 4:18 am

3 Answers from Attorneys
Seshadri Srinivasan www.lawconcern.com

As you are occupying the property, it will be better to file a suit against your brother and the buyer.

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Answered on 11/15/09, 4:33 am
Seshadri Srinivasan www.lawconcern.com

You file a suit with prayer for partition only a you have possession.

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Answered on 11/15/09, 4:36 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

for this, you need to file a suit for cancellation of sale deed and also for partitioning of the property by metes and bounds. your brother cannot sell the lucrative part of property without your written consent and even the buyer was wrong in buying such property that has not been partitioned. you may also consult the local lawyer of the area where property is situate and take legal action accordingly.

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Answered on 11/15/09, 11:45 am


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