Legal Question in Civil Rights Law in India

We have ancestral Property having 6 joint undivided shares. Two of the co-owner has handshake with another co-owner for selling his undivided share. Can he do that. How can reaminig members restrict them for doing so. can this sale proceed happened without Partition.


Asked on 3/08/12, 7:46 pm

4 Answers from Attorneys

Every co sharer has right to sale but not specific share

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Answered on 3/08/12, 8:51 pm
Stalin Selvamani S & P Law Associates

NO to avoid complications first you people partition the property and demarcate your 1/6th share equal to how much sq. ft. and the land where situated north side or south side alongwith pathway and then go for sale.

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Answered on 3/08/12, 9:27 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in this situation, rest of the 4 co sharers may file a suit for partition and lis pendens would apply and the other co sharers cannot transfer the title without acquiring the same.

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Answered on 3/11/12, 11:30 pm


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