Undivided ancestral land, if more than 80% wish to sell

hithen (Querist) 24 May 2025 This query is : Resolved
my grandfather own agricultural land and house in alibag, total area 36,000 Sqft .He had 9 legal heir, After his death all his legal heir names has been added to the 7/12 extract, my uncle and his family is occupying the land and house, Uncle had deleted my grandfather name from Ghar Patti( House Assessment document) and added himself and his wife name without our consent. Now uncle has deceased, I and other 6 members ( co owners) are requesting uncle wife for partition,but they refusing, Can 7 members sell their right.

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If you co-own ancestral land and some heirs refuse to sell, you have options. Even if one shareholder is uncooperative, other co-owners can pursue a partition suit to legally divide the property. This allows you to sell your individual share or join with willing co-owners for a joint sale. It's advisable to file for partition and an injunction to protect your rights.

T. Kalaiselvan, Advocate (Expert) 24 May 2025
If one of the shareholders is refusing to cooperate for selling the property then the other shareholders do not have any option other than filing a suit for partition and on the basis of the court allotment of their rightful shares, they can either sell their shares individually or joining the others who are willing to join them for a joint sale of their respective share in the property.

kavksatyanarayana (Expert) 24 May 2025
Yes. File a partition suit for your eligible shares.

Advocate Bhartesh goyal (Expert) 25 May 2025
It wil be more better if you file suit for partition along with injunction petition before other shareholders proceed for sell.

Dr. J C Vashista (Expert) 25 May 2025
I fully agree and appreciate the opinion and advise of learned senior experts, you should file a suit for partition through a local prudent lawyer.

hithen (Querist) 27 May 2025
To, All Experts, I thank you for your advice.

T. Kalaiselvan, Advocate (Expert) 05 June 2025
You are welcome for your appreciations.

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