Legal Question in Real Estate Law in India

We are four brothers. We have a joint undivided Land and House property in the name of Four Bothers. Two of my brothers want to sell his share. At this time I file a suit for Partition and Injunction at District court, but two brothers not attend the court at the time of hearing. Now the two bothers sell his share to a purchaser.

My questions are under as following :-

1.Can they sell his share at the time Injunction and Partition case pending at District court?

2.Can they sell his share without any informing us?

3.What is procedure for protest this matter ?


Asked on 11/22/12, 11:44 pm

3 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

The answers to your questions are here in below for your perusal -

1) YES if the buyer is ready to step into their shoes during the pendency of the suit to buy their undivided share in the property.

2) Yes and No

3) As informed they can sell their share to anyone .

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Answered on 11/23/12, 12:05 am
Shrichand Nahar S.V.Nahar, Advocate

1. Yes. However, purchaser will be bound by outcome of the litigation in view of section 52 TP

2. No need to inform other co-owners, except where right of pre-emption exists.

3. Approach court.

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Answered on 7/13/13, 2:51 am


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