injunction by coparcener

Querist : Anonymous (Querist) 27 February 2011 This query is : Resolved
R/Experts,
I have ancestral house in which we two brothers reside.Now my brother going to sell his share to another person though I am ready to purchase it.Please tell me,can I restrain my brother to alinate his share? Can I purchase it with help of Court? If yes by which suit?

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Arvind Singh Chauhan (Expert) 27 February 2011
If there is a valid partition of house you can't restrain him. But if there is not any legal partition, none of you can claim your right even on a single corner of house, because both have equal right on every corner of house.

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