Selling land without one son's consent

RangaRajan J (Querist) 12 November 2021 This query is : Resolved
Dear Respected Experts,

My father had a one-acre agricultural land. He died. we are five brothers and two sisters. Totally seven children to our father. Now we are planning to sell the land. But our eldest brother is not accepting to sell the land. But we other six persons are ready to sell the land. Purchaser is also ready to accept the land.

My Question:
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1) If all six children sell the land without getting the consent of my eldest brother what kind of precaution do we have to make?

2) Is there any possibility for my eldest brother to file a case against the purchaser?

Thanks in Advance

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Quick Summary

A family wishes to sell inherited agricultural land, but one of the seven siblings refuses consent. The other six are ready to proceed with a buyer. The main concern is whether the land can be sold without the dissenting sibling's agreement and if the eldest brother could take legal action against the buyer. Experts advise that selling without consent could lead to a partition suit. The best options are to either convince the brother to relinquish his share for compensation or to legally partition the property before the sale.

kavksatyanarayana Online

(Expert) 12 November 2021
Your brother may file a partition suit if your six members sell the property. If you amicably say to your brother that he shall relinquish/release his rights of 1/7th share in favour of others by taking the amount for his 1/7th share. Then your six members can sell the property.

Advocate Bhartesh goyal (Expert) 13 November 2021
You six brother sisters can sell your respective shares in property to buyer but possession of property can not be handover to buyer without getting partition of property.

P. Venu (Expert) 13 November 2021
Yes, the better option is in getting the property partitioned (if necessary, through the court) before transferring the property.

Dr J C Vashista (Expert) 14 November 2021
Convince your brother and finalise sale transaction otherwise file a suit for partition against him.

RangaRajan J (Querist) 14 November 2021
Thank you very much respected experts kavksatyanarayana
Thank you very much respected experts Advocate Bhartesh goyal
Thank you very much respected experts P.Venu
Thank you very much respected experts Dr. J.C. Vashista

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