How to sale Ancestors land if my uncle against for sale
2 years ago
My Uncle is against to me to sale of my Ancestors land . My grandfather was died 3 years ago and grandmother is alive and live with smallest uncle.
My mother father was already died and now I need to sale that land but uncles are against me .they both constructed thier house on her share. Legally partition was not occurred . My question is can I sell my share only have Khatiyan copy certified by collector office and Varishnama made by sarpanch. Without intimate my uncles. Or they can create problem legally.
A.Dear Sir,
You have to get issue a legal notice to your uncle to accord permission to sell the property or purchase your share also. Failing which you may approach Civil Court and get it public auctioned and his amount may be deposited in the Court.
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You have to get issue a legal notice to your uncle to accord permission to sell the property or purchase your share also. Failing which you may approach Civil Court and get it public auctioned and his amount may be deposited in the Court.
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Sidhaarth
Responded 2 years ago
A.How much "smallest" your uncle is? Had your grandfather left any WILL? Merry because the property belong to grandfather does not make any property ancestral. All children of grand father and also your grandmother are entitled to equal portion. You, your mother and your brother, sister shall be entitled to portion of your father and portion of your father shall further be liae to be divided among legal heirs of your father. You can claim partition of property.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.First of all it is required to be ascertained whether that property is ancestral that is it remained unpartitioned for last four generations,if yes,then you cannot sale your undivided portion without the consent of your grandmother and uncle so you have to claim Partition of your share after obtaining Legal heir certificate (regarding your inheritance of your deceased father's undivided one-third share therein).
However if the property doesn't fulfill the aforesaid criterion of Ancestral property then after obtaining Legal Heir certificate regarding your inheritance of your deceased father's undivided one-third share,you can sale your share in that property to any stranger purchaser and your uncle and grandmother's permission will not be necessary, however,it is better to give your uncle a chance through written offer to purchase your undivided share and if he disagrees to purchase or doesn't give any reply then waiting for about four months,you can sale it to stranger purchaser.
However if the property doesn't fulfill the aforesaid criterion of Ancestral property then after obtaining Legal Heir certificate regarding your inheritance of your deceased father's undivided one-third share,you can sale your share in that property to any stranger purchaser and your uncle and grandmother's permission will not be necessary, however,it is better to give your uncle a chance through written offer to purchase your undivided share and if he disagrees to purchase or doesn't give any reply then waiting for about four months,you can sale it to stranger purchaser.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
Your ancestral property is undivided, hence you cannot carry out any transaction, unless the property is partitioned and your share in the property is allotted to you. After that only you can proceed to sell your share. Hence, it is advised first get the property partitioned and then only proceed with the sale agreement.
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Your ancestral property is undivided, hence you cannot carry out any transaction, unless the property is partitioned and your share in the property is allotted to you. After that only you can proceed to sell your share. Hence, it is advised first get the property partitioned and then only proceed with the sale agreement.
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A.Hi,
You can only sell your share in the property. First, the property needs to be partitioned, and there on you can proceed to sell off your share. If the property is sold without partitioning, then such sale could legally be challenged. Therefore, first get the property divided, and then proceed to sell off your share.
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You can only sell your share in the property. First, the property needs to be partitioned, and there on you can proceed to sell off your share. If the property is sold without partitioning, then such sale could legally be challenged. Therefore, first get the property divided, and then proceed to sell off your share.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Sabse pahle aap apne partition ke liye court me case file kare. Or apna rights ka partition karaye. Kyonki jajan par property joint hoti hai vahan par other coshare ke bina aap apni property ko sale nhi kar sakte jab tak partition na ho jae. Isliye jab aap ka partition ho jaiga tab aap apne hisse ko sale kar sakte hai.
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A.Dear Sir,
You can sell your share to a strong party other wise file a partition suit then court will decide about the share of each person. such
procedure may be delayed. you may approach local advocate for filing suit immediately and also seek permission to sell your share.
You can sell your share to a strong party other wise file a partition suit then court will decide about the share of each person. such
procedure may be delayed. you may approach local advocate for filing suit immediately and also seek permission to sell your share.
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