Dispute with elder brother

A. Whether the Partition deed was duly registered or not?

B. What were you doing at the time of sale of entire property?

C. Have you put a signature on Sale Deed which was executed by your brother?

D. Your brother don't have any right to sell your portion to third parties. Hence, you can question the same before the Court of law subject to sale happened without your notice.

You mean , your brother says that he purchased the land from your mother ? What does the revenue stamped paper state ?. Why didnt you make any attempts to partition the property by metes and bounds or atleast effect mutation in the revenue records.

Your brother cannot sell the entire plot, he can sell upto his share.  The signature of your mother obtained by him when she was alive will not be useful,

If the plot was purchased by ur monther in her name n she died intestate,in that case her legal heirs have equal right on that property n ur brother cannot sell it.

first of all no matter who gave the money for the purchase of land,,,, the land belongs to the person in whose name it is registered.

 

second thing if the land was in your mother's name and she died intestate then legally the land belongs to the surviving sons in equal proprtions. (if unmarried sisters are not there)

 

now if your brother claims that the whole land belongs to him, then he is wrong.

and he sold the land to third party then the sale is void. how can you sale a piece of land to third party which is not registered in your name ??

now you can file a suit in the court against your brother and the third party to whom the land has been sold.....as result of that the sale done to third party will be null and void and you will get the property divided into two equal parts under the Indian Succession Act.

 

consult a lawyer expert in the property caes for better disposal of your problem. and the case might stretch a bit so have patience.

hope that helped.

You have a legitimate share in the intestate property of your mother hence the next option is to file a partition suit with an application to declare the sale deed executed by your brother without your consent insofar as your share in the property is concerned. You may consult alocal lawyer and proceed accordingly as per his further advise.