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My Chacha sold some portion of joint property - Land without informing us
3 months ago
My father and his brother ( chacha) have a joint properly ( land). My father died on April, 2022 while my Chacha sold some portion of that property without informing us on May'22. Even we don't have any land division. now what can I do to identify and protect my portion on that land? The land is still in the name of my father and we applied to transfer that in my name but Lekhpal did not take any action. I also heard that the visible land is less that mentioned on khatoni. 11 biswa in khatoni but actual land is only 7 biswa . I am looking for your quick advise
A.Dear client,
If in the registered document, the portion or the share of the property division is not mentioned, your uncle cannot sell it without your consent. He can sell his share of the property under Section 44 of the transfer of property act.
However, if there is undivided share, he must first register a sale deed pertaining to division of shares and then proceed to sell his portion legally. He cannot claim possession over your part of the land. You may also file for a rectification deed for the change of acres in the official document. Please ensure that the property is correctly measured either personally or through a government appointed surveyor.
Thank you
If in the registered document, the portion or the share of the property division is not mentioned, your uncle cannot sell it without your consent. He can sell his share of the property under Section 44 of the transfer of property act.
However, if there is undivided share, he must first register a sale deed pertaining to division of shares and then proceed to sell his portion legally. He cannot claim possession over your part of the land. You may also file for a rectification deed for the change of acres in the official document. Please ensure that the property is correctly measured either personally or through a government appointed surveyor.
Thank you
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