Can co-owner of an ancestral property challenge the sale of share of property done by fellow member
1 year ago
In a joint ancestral hindu family property in which no partition is done after demise of grandfather, out of his 3 sons who were living in the house one of the 3 brothers sold his share rights with property area to an outsider without taking any noc or partition or giving first offer to other brothers.
can 2 brothers challenge this in court and offer to buy the share rights of the sold part that their brother did? since it was ancestral property and now an outsider is coming in their house
Whats the time frame to challenge the same if possible?
A.Hi client,
Yes, absolutely it can be challenged by the other person.
Civil suits can take a lot of time, depending upon the merits of the case.
Thanks and Regards
Simi Paul
Yes, absolutely it can be challenged by the other person.
Civil suits can take a lot of time, depending upon the merits of the case.
Thanks and Regards
Simi Paul
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Subhashis Paul
Responded 1 year ago
A.First of all the said brother can sell his share rights against the said undivided ancestral property but cannot specify of sale any appropriate area of the said undivided ancestral property. If the said brother have sold any part or area of the said undivided ancestral property then the other two brothers can immediately file a suit for injunction along with a title suit against the said property but if the said brother have sold his share rights against the said undivided ancestral property only then there is no scope to challenge since he has the exclusive right to sell or gift his share rights to anyone whom he desires to do so.
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