Reservation on undivided share

Querist : Anonymous (Querist) 20 February 2022 This query is : Resolved
I have land purchase agreement with a person by 2017.his share in his undivided family property is mentioned in said agreement.now his family filed partition suit to divide their land.the above person has financial liability with his brothers.so i fear that his share will reduce.can i approach same court to get his full share even i am outsider? Because he promised full share in agreement.can i detain his brothers and any other lenders from attachment of his share

Follow Query

Report Abuse

Quick Summary

If you've purchased land based on an agreement for an undivided share of a family property, and a partition suit is filed, you might be concerned about the share's value decreasing. While you generally cannot directly approach the court to secure the full share as an outsider, you may have grounds to sue the seller if their share is less than agreed. Depending on the specifics, you might be able to join the partition suit or file your own claim to secure your agreed share.

kavksatyanarayana (Expert) 20 February 2022
No. You cannot approach the court for his share. Without the division of property, how did you enter into the Agreement? If his share will come less than the portion mentioned in the Agreement, then you can file a case against him.

SHIRISH PAWAR, 7738990900 (Expert) 22 February 2022
Hello,

As per my opinion, you may join the suit as you have purchased the property from one of the co-sharer and simultaneously you may file another suit for getting your share in the joint property as per your agreement with one of the co-sharer.

P. Venu (Expert) 20 April 2022
Purchase cannot be through an agreement, but a conveyance deed only. Any further suggestion requires that the agreement be perused.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries