anupam sharma
(Querist) 17 August 2014
This query is : Resolved
Is it prohibited under Hindu Succession Act in respect to sale of share in unfregmentated residential house bequeathed to shareholders Vide a will of person to his wife, two sons and one daughter had each equal share viz 25% in one three storyed house.
Actually, One brother dies nad his wife after getting her 25% share transferred in her name , sells the house at Chandigarh where partition by metes and bounds is not allowed. Such 25% of her share of the described house was sold without getting her share determined by Competent Authority/Court and put the purchaser in possession of whole first floor and one parking garage (i.e. excess of her share). What can be done by other shareholders now, besides filing suit for partition? Can sale deed be cancelled as the third party was in notice of her share 25% in joint house?
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