Land selling

5 years ago

We have small land which I bought with my youngest brother 40years ago and due to my love I registered this land under all my 4 brothers. 2 of my brothers have expired. They have their sons and daughters and wives. Now out of 5, 4 of our brothers families are interested to sell their portion but 5th brother's sons not allowing us to sell our parts of the land neither they are buying it.
What can you suggest in this case.

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Shreyash Mohta

Responded 5 years ago

A.Sir, there are two ways to go about this

1. You can file a suit for partition [as is mentioned by Ld. Advocates below] OR
2. if the portion of your property is sellable [without affecting the portion] of the other property which they are not agreeing to sell, THEN,
You can sell of your part of the property with ease and without any problem.
Hope this helped
Shreyash Mohta

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Anonymous

Replied 5 years ago

Hi
Thank you for your kind suggestion.
Our land is not yet partitioned. So, do we not require any consent or signoff from the 5th brother's sons (brother expired) before selling 4parts of the land.

Shreyash Mohta

Replied 5 years ago

Sir, the land is a whole and therefore you cannot sell your portion without the consent of the other people interested in it. Had it been a case where you could have sold your part individually then it would have been a different case.

Anonymous

Replied 5 years ago

Thank you.
I will follow as your advice.

YAKUB ALI MOHAMMED

Responded 5 years ago

A.file a suit for partition among brother.

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YAKUB ALI MOHAMMED

Responded 5 years ago

A.file child custody in the competent court and make proper evidences on the character of your husband

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Rameshwar Dadhe

Responded 5 years ago

A.Dear sir please file partition suit against all legal hair

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Anonymous

Replied 5 years ago

Hi
Thank you for your kind suggestion.
Our land is not yet partitioned. So, do we not require any consent or signoff from the 5th brother's sons (brother expired) before selling 4parts of the land.

Rameshwar Dadhe

Replied 5 years ago

No need any one .

Kishan Dutt Kalaskar

Responded 5 years ago

View All Answers

A.Dear Sir,
File a suit for partition saying it is HUF (Hindu Undivided Family) property. You will succeed.

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