nitish kumar (farmer) 21 October 2016

Preventing family members from selling ancestral land

Hello Sir/Madam, I am looking for legal options that are available to prevent sell of ancestral agricultural land by my elder brother. To receive best consultation I would like to provide additional details below: issue:- we are three brothers, my mother is still alive but my father expired. i had bought some land 28 years ago on my mothers name but after that i moved from village to the city i didn't paid attention on things going around my house. now my elder brother is trying to sell that land and my mother is refusing to object on it. however she is saying she won't sign anything but i heard from someone that if my elder brother goes forward with the deal and he signs it and if my mother doesn't object the deal then it will be as per the law. i wan't to stop him from doing that. what are the legal options i have. i am from Bihar. Could you please advice me how I can resolve this issue legally? If yes then can you please provide brief descripttion on legal options that I can avail to stop my elder brother from selling the land.

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4 Replies

G.L.N. Prasad (Retired employee.) 22 October 2016

Immediately visit to the village with a draft of gift deed and get the property registered in your name or in some one's name as expeditiously as possible.

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Ms.Usha Kapoor (CEO) 22 October 2016

You file a civil suit in civil court praying for permanent injunction restraining your brother and nmother from selling the property to anyone. After filing the suit you apply for temporary injuntion or stay of proposed property sale by your mother and brother pending final disposal of you rinjunction case. You file the suit under order 37 cpc for summary trial of the suit which may expedite hearing of your case. If you appreciate this answer please click the thank you button on this forum.

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nitish kumar (farmer) 22 October 2016

what i am getting the understanding here is even if my elder brother signs the deal on his own. i can not object the deal(i can not file a complain against it ) only my mother has that right.

i have to depend on luck on whether i can stop my brother from selling the land in court.

is there not some agreement clause for the partners where if they disagree except my mother no one else can sell the land

Ms.Usha Kapoor (CEO) 22 October 2016

You bought that land some 28 years ago on your mother's name. If she equally loves yopu you ask her to transfer back the property in your name by a registered gift deed. IN which case youu'd become absolute owner of the property. You immeidiately approach your mother and by cajoling and raking up her motherly instinct fo ryou make her transfer back the proertry in you rname. The sooner it is made the better it would be.Have you got any written proof that you invested your own money in purchasing that land and transfered it in you rmother'sname? PLease gather all that evidence before approaching a court.It would help you in succeeding in the Injunction suit against you rmother and elder brother.