can sale share in joint property.

Querist : Anonymous (Querist) 28 April 2011 This query is : Resolved
We have a ancestral property herited from my father among 4 brothers and a sister.All the names are their on the property extract.One of my brother is threatening us to sell his share to a builder(Goonda)for a amount which is not as per the market rate and forcing others to sell their share for the same amount.My querry is whether he can sale his share in a joint property located in cantonment area where the rule says you can not sale a portion or part of the property after dividing neither horizontally or vertically.please advise how we can stop my brother to do same.The builder must have promised him some extra amount to make the deal.the extreme case if he sells his share what will be the situation.there are already tenants in the said property who are also supporting the builder.please give suitable advise.Thanking all the experts in anticipation.

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M.Sheik Mohammed Ali (Expert) 28 April 2011
if you have undivided property then file a suit to injunction the for the same, may be he may file for partition suit,

Querist : Anonymous (Querist) 28 April 2011
The property in dispute is a small building 60 yrs old about 750 sq.ft 2 storey but in prime location of cantonment area.

R.Ramachandran (Expert) 28 April 2011
From the way in which you have narrated the facts, unless the property is partitioned by metes and bounds your brother will not be able to sell the same to anyone for the simple reason, he will not be able to pin-point the exact area which he is selling.
Further more, if you feel that it will not be possible to sell only his portion to any outsiders, then any one of you can come forward, offer the sale consideration and buy out his share.

Devajyoti Barman (Expert) 28 April 2011
In the present circumstances to restrain him from selling his undivided share in the property, you file a suit for partition and for injunction as well.

Guest (Expert) 29 April 2011
Agree with Devajyoti.

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