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PRADIP SINGH   13 June 2017

One of the heir sold some part of property without consent

My Grandfather died 30 Years ago, leaving his 2nd wife and 5 sons without any will. He had a property in a city area which he bought from someone else. Till now no Mutation and Partition is done on that property. And all the property related document is with his 2nd wife, which she refused to share with my father and other 2 sons (Technically 3 sons including my father is from the first wife). 

Recently we got the news that one of her son sold some part of that land and while confronting he said that he sold his part of land. Now how this is possible and how my father can get his claim? ( as he does not have any document pertaining to the property). What is the whole process of getting the documents and transfer of land title of his share?



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 3 Replies

MANISH VERMA   13 June 2017

@pradip, in joint family property every coperceners have right in that property and you dont need to have papers of that property it is enough that you are one of the coparceners in the undivided property and having undivided interest in that. property, which has been sold out by one of the coparceners is voidable and you can claim share in the consideration amount of the property also if you don't want to challenge the transaction. according to mitakshara law prevailing in Bengal, Bihar, Orissa, U.P, Punjab and Delhi a coparceners can't sell any property in which other coparceners have undivided interest without their(other coperceners) consent.

MANISH VERMA   13 June 2017

@pradip, if still you have any doubt feel free to write us.

Rajesh Kumar Singh   25 June 2017

Sir,

If a co-parcener sells the AGRICULTURAL land to his wife for Commercial activity i.e. LPG agency (Gowdown) . What immedaite relief can be taken as ''Title Suit and ''Partition Suit'' both are filed but it will take time.We need to stop the commercial activity on joint HUF land as if this is not done every one else based on his individual requirement grab the prime property without Partition.  

 


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