Can  co-owner of an ancestral property challenge the sale of share of property done by fellow member 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?

Advocate Simi Paul

Responded 1 year ago

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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
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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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Satvir Singh

Replied 1 year ago

I have residential property in which there are 3 persons name . Purchased in 1981. But the plot was having 2 barracks in which one was with 2 brothers bog and small and other was with 1 middle brother. After some years it was constructed in building having ground +1 floor and the ground was with middle brother and 1st floor with small . The big one took other property with help of small bro as the small and big were having same bussiness. After many years big brothers death dispute arised between big bro son and small bro. The big bro son fave his share to small bro instead of other property he purchased together will small bro. Now small bro is demanding 2/3 share in this property and hassing moddle bro son . Whose is occupying ground floor. What can middle brother son can do. The middle brother has paid more than 50% share while constructing building. As he was told that 50% will be his after this in verbal as he had faith on words of his brothers. Small bro is not paying taxes and water charges which is paid by middle brothers son frm 2008. What can middle brother 's son do to save his 50% share ?

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Subhashis Paul

Replied 1 year ago

Kindly call at 7604047601 for detailed consultation.

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