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Sale of undivided property

(Querist) 24 December 2017 This query is : Resolved 
My grand father expired in 2004.he has 7 daughters n 3 sons.in his will of 2001.he mentioned clearly that his elder son i.e. my Taya g was missing from last 17 yrs.( In 2001). N he is assuming him as no more. He also mentioned that he has spend enough on studies and on weddings of my all seven bhuas and all of them r well settled in their respective homes. He mentioned that he willfully and with full cautious distributing his house among his two sons elder (my father). And younger ( my chaha). He distributed the portions among them. According to that my father ( who died in 2016). Has more portion in comparison to my chacha. In 2008 my eldest bhua insisted and six sister reliquinshed their shares in favours of my father n chacha. But they didn't mentioned one of my bhua as she was no mare at that time. She had three children. All the pappers, chain of property, original will, original reluinkishment deed, r lying with me...now my questions are; 1)wat is the authenticity of will n reliquinshment deed ? 2)can my chacha sell his portion without my consent ? If yes t then he should ask me first as it was my ancestoral property or he is free to sell to anyone he likes. 3) wat should I do , as I heard that he has done the deal of his portion but the other party is saying that they had purchased half of the portion. 4) can he sell it , without original papers, as all originals are in my pocession?
Hemant Agarwal (Expert) 24 December 2017
1. A "undivided" immovable property CANNOT be Sold /Purchased.

Keep Smiling .... Hemant Agarwal
Akshay (Querist) 24 December 2017
in this case he distributed the ownerships as under:
a) ground floor and built-up portion on 2nd floor(i.e. back portion) & workspace in between groundt. floor and 1st floor( it's plinth is in mazinine and top is of 2nd floor. this portion is on the right hand side of my plot around 10'*35'). also the Miami in between ground floor n first floor. should vests with my father.
Azhagananth (Expert) 24 December 2017
what about the attestor of the will... do they stand in your favour? if so you can suceed by will..
Akshay (Querist) 24 December 2017
He also mentioned that first floor and front portion on 2nd floor ( it is uncovered / unconstructed and also 10'*25' lesser than back portion.)will go n vest to his younger son ( i.e. my uncle).
Akshay (Querist) 24 December 2017
He also mentioned that in case 3rd floor is constructed it will be shared half & half by both of my sons- viz front portion by younger son ( my uncle) n back portion by my father provided both of them pool the construction costs, otherwise they can individually construct their respective portions.
Akshay (Querist) 24 December 2017
Arrestor of the will are husband n wife both are doctors n r nuetral regarding this will...
Akshay (Querist) 24 December 2017
whole original chain of pappers r in my pocession.. can he sell his portion without originals..
Akshay (Querist) 25 December 2017
Sale of undivided property (Open)
Akshay Thank User 24 December 2017

My grand father expired in 2004.he has 7 daughters n 3 sons.in his will of 2001.he mentioned clearly that his elder son i.e. my Taya g was missing from last 17 yrs.( In 2001). N he is assuming him as no more. He also mentioned that he has spend enough on studies and on weddings of my all seven bhuas and all of them r well settled in their respective homes. He mentioned that he willfully and with full cautious distributing his house among his two sons elder (my father). And younger ( my chaha). He distributed the portions among them. According to that my father ( who died in 2016). Has more portion in comparison to my chacha. In 2008 my eldest bhua insisted and six sister reliquinshed their shares in favours of my father n chacha. But they didn't mentioned one of my bhua as she was no mare at that time. She had three children. All the pappers, chain of property, original will, original reluinkishment deed, r lying with me...now my questions are; 1)wat is the authenticity of will n reliquinshment deed ? 2)can my chacha sell his portion without my consent ? If yes t then he should ask me first as it was my ancestoral property or he is free to sell to anyone he likes. 3) wat should I do , as I heard that he has done the deal of his portion but the other party is saying that they had purchased half of the portion. 4) can he sell it , without original papers, as all originals are in my pocession?
Hemant Agarwal Thank User 24 December 2017

1. A "undivided" immovable property CANNOT be Sold /Purchased.

Keep Smiling .... Hemant Agarwal
Akshay Thank User 24 December 2017

in this case he distributed the ownerships as under:
a) ground floor and built-up portion on 2nd floor(i.e. back portion) & workspace in between groundt. floor and 1st floor( it's plinth is in mazinine and top is of 2nd floor. this portion is on the right hand side of my plot around 10'*35'). also the Miami in between ground floor n first floor. should vests with my father.
Azhagananth Thank User 24 December 2017

what about the attestor of the will... do they stand in your favour? if so you can suceed by will..
Akshay Thank User 24 December 2017

He also mentioned that first floor and front portion on 2nd floor ( it is uncovered / unconstructed and also 10'*25' lesser than back portion.)will go n vest to his younger son ( i.e. my uncle).
Akshay Thank User 24 December 2017

He also mentioned that in case 3rd floor is constructed it will be shared half & half by both of my sons- viz front portion by younger son ( my uncle) n back portion by my father provided both of them pool the construction costs, otherwise they can individually construct their respective portions.
Akshay Thank User 24 December 2017

Arrestor of the will are husband n wife both are doctors n r nuetral regarding this will...
Akshay Thank User 24 December 2017

whole original chain of pappers r in my pocession.. can he sell his portion without originals..



Kumar Doab (Expert) 25 December 2017
The seller may succeed to sell without originals.
Buyer may agree to buy without originals...


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