injunction by coparcener

Querist : Anonymous (Querist) 01 March 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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Devajyoti Barman (Expert) 01 March 2011
Yes , you can very much file a suit for partition and injunction to restrain the co sharer from transferring his share in the ancestral house.

Kirti Kar Tripathi (Expert) 02 March 2011
being coparcener, you have preferential rights to buy the property. thus you can seek injunction from court.