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Last Updated On 13-Jul-2021

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Selling of land by one party without actual division of land between all parties

My grandfather owns one big land on Highway (purchased by himself). He had 5 sons & one daughters. Before his demise, in 1994, he had registered his Will. In the registered will he has divided this property between his 5 sons only. Sons & daughters Name are :- A (Son) B (Son) C (Daughter) D (Son) E (Son) F (Son). In this sequence, B (Son) have done two marriages. Son B, has 1 daughter from first marriage. & two sons from second marriage. Son B has registered one case for division of this land and along with that his daughter has raised the case for share in this land from his division part. In the records of rights (jamabandi) for land, the names are specified of only 5 sons of my Grandfather (A,B,D,E & F). Question 1 :- Can Son A sell his part of land before the division of land ? Question 2:- Is there any chance that Daughter C, can claim for share in this land? Question 3:- Is there any chance of issues raised by other parties in selling of part of land by Son A Question 4:- Is there any chance of cancel of sales deed and registry when son A wants to sell his land?

( Rajsamand, Rajasthan )

12-Jul-2021

Reply

1. No. No one can sale property without division, this act will raise litigations
2. No, She can't claim because she have no share in will
3. Yes, Other parties can raise issues
4. Yes, any one can file cancellation suit for registry
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Posted On 13-Jul-2021

Vidhikarya

Helpful

hello Sir / Ma'am
the answer to your question is as follows
Answer 1 : No, A cannot sell his part of land to any stranger without the demarcation of his share of land and division of land.
Answer 2 : As mentioned in the information provided by you, in the will the father has divided the land among his sons and has left no share for her daughter, So daughter cannot claim any share in the said property.
Answer 3 : Son A has to first demarcate his share of land in order to sell his share of land. So first divide the land then sell.
Answer 4 : yes it can be cancelled.
Thanks

Posted On 13-Jul-2021

Vidhikarya

Helpful

hello
Answer 1 : Although he could sell his part of land before division but it would be suggested to first divide the land and then sell.
Answer 2 : if in the will it is mentioned that daughter has no share in the property then she cannot claim for share in the land.
Answer 3 : It would be suggested to first divide the land and then sell. Otherwise it would make things more complicated.
Answer 4 : it is very difficult to cancel the registration of a sale deed, but you could still try to do so on the basis that land has not been properly divided.
Thanks
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Posted On 13-Jul-2021

Vidhikarya

Helpful

Dear Sir,
My answers are as follows:
Question 1 :- Can Son A sell his part of land before the division of land ?
Ans: Each son and daughter can sell their respective share though undivided physically if purchasers are ready to purchase at their own risk.

Question 2:- Is there any chance that Daughter C, can claim for share in this land?
Ans: All the terms are as per the clauses mentioned in the Will and it cannot be reopened.

Question 3:- Is there any chance of issues raised by other parties in selling of part of land by Son A
Ans: Because each share of 5 persons not having sufficient boundaries so it may become very difficult to register such property without boundaries.

Question 4:- Is there any chance of cancel of sales deed and registry when son A wants to sell his land?
Ans: Cancellation of Registration is very difficult but due to lacuna of non mentioning of boundaries such sale deed may be cancelled at the discretion of the Court.

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Posted On 13-Jul-2021

Kishan Dutt Kalaskar

View All Answers

Helpful

Names in Record of Rights cannot be considered as conclusive proof of title. If that Registered Will has not been probated then that Will cannot become operative and then by Intestate laws of Succession the property devolved upon six children of your grandfather ( if grandmother is dead),each having undivided one sixth share.

1)Before registered Partition of that land,A if tries to sell his undivided one-sixth share,then he cannot make any demarcation in that Plan so first of all he has to give option to his cosharers to purchase his undivided share in registered manner and if any stranger purchases the same,then without partition that stranger purchaser cannot take possession.

2) Daughter C has every right to claim her share in her deaceased father's property and shall be the necessary party in the Partition Suit filed by B.

3) Yes.
4) Can be.

Posted On 13-Jul-2021

Vidhikarya

Helpful

once I see the copy of will I can suggest answers for the below

Question 1 :- Can Son A sell his part of land before the division of land ?
Question 2:- Is there any chance that Daughter C, can claim for share in this land?
Question 3:- Is there any chance of issues raised by other parties in selling of part of land by Son A
Question 4:- Is there any chance of cancel of sales deed and registry when son A wants to sell his land?

Posted On 13-Jul-2021

Vidhikarya

Helpful

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