Un authorised sale

Nagaraju Patro (Querist) 26 February 2026 This query is : Resolved
Respected Experts......Good Evening
Please suggest in the below matter
One Chandram, S/o late Munaya, had two sons viz., (1) Babu Rao; (2) Mohan Rao and a daughter by name Manikyam. residing in andhra pradesh.
Here Babu Rao had 3sons Kumar, Ramu, Krishna...and wife by name Kamala. Except their younger son Krishna, Babu Rao and other 2 sons went to other area for their livelyhood as migrant labourers.
Chandrayya had landed property of 0.32cents and out of that extent he donated 0.03cents to the Government for formation of Road, and afterwords 0.29 cents left with him. After his death said landed property was devolved to Babu Rao and his brother Mohan Rao, Later they both shared said land in the ratio of 0.14cents and 0.15 respectively, and as per their oral partition they were in peaceful posession and enjoyment of their shares. Later on Mohan Rao was in need of money and sold away his share to the wife of Babu Rao, since said purchase she was in peaceful posession of 0.15 cents. Their Son Krishna was indebted in the village, as the situations stands so one Kamayya had ill will to get the property in any manner. Arranged one Sahu to purchase and convinced the Krishna and his mother kamala to sell away the property to clear the debt in the village. So they both executed a regd. sale infavour of sahu, later Kamayya again purchsed said proper from sahu in the last year. When Babu Rao and other two sons came to village they got knowledge of the unauthorised sale by Kamala and Krishna.
In this Case what is the remidy available to Babu Rao and his other 2 sons Kumar and Ramu.....
Under what provision they can file a suit? against whom? under which section they have to pay court fee....

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Quick Summary

This discussion concerns an unauthorised sale of ancestral property. A portion of land devolved to two brothers, Babu Rao and Mohan Rao, after their father's death. Mohan Rao orally partitioned his share to Babu Rao's wife, who later sold it. Subsequently, Mohan Rao's son Krishna and his mother Kamala sold the same property to clear debts, which was then purchased by Kamayya. Babu Rao and his other sons are seeking legal recourse against this unauthorised sale.

kavksatyanarayana (Expert) 26 February 2026
Mr Chandram had two sons and one daughter and died intestate. And you did not say anything about the wife of Chandram. Mr Chandram died intestate; the wife and three children have an equal right over the property of Chandram. Hence, oral partition is not valid. So the wife and daughter of Mr Chandram can approach the court, filing a partition suit.

so

Nagaraju Patro (Querist) 26 February 2026
Wife of Chandram is no more.......during his life time he settled for his daughter as she was unmarried at present she also unknown

Dr. J C Vashista (Expert) 27 February 2026
Show relevant records to a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

T. Kalaiselvan, Advocate (Expert) 27 February 2026
As per your contents wife of Babu Rao purchased the property from Mohan Rao and subsequently sold it to one Sahu.
There's no illegality in it because she was the absolute owner of this 15 cents property.
Therefore Babu Rao and his other two children cannot claim any share in the sold property as a right.
Therefore no legal action in this regard would be maintainable.

P. Venu (Expert) 04 March 2026
Is this Realtime query or a question paper?

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