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nandan (student)     15 May 2022

Elder Brother sold the land without my consent

Sir,
This land is in the name of me and my brothers.  My brother sold half of the land to another person 2 months ago, without my consent.  I want to buy this land.  How do I get the land?  I live in West Bengal plz help me।


Learning

 1 Replies

Sravika Reddy Kohir   22 June 2022

 Hello Nandan, I acknowledge your question. Section 44 of the Transfer of Property Act 1882, describes the transfer of property by co-owner. under this section a co-owner can share his share of property to any person, by fulfilling the conditions of the section. That read as

i.                 The co-owner shall have exclusive rights over the property,

ii.                And with the consent of the other owner if he does not have exclusive rights.

You can ask for the relief by filing a partition suit under section 4 of Partnership Act, claiming for the rights over the property.

I hope I have answered your question.

Have a good day.


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