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JANAK RAJ VATSA (ADVOCATE)     30 April 2012

Land sale deal

after expiry of my mother, two brothers and 3 sisters had gone and taken the money from a land deal which my inherited from her parents. . however 2 brothers and 1 sister were not informd because of strained relations among brothers/sisters. the mother's share was sold to a private party. what can the remaining 3 ( 2 brothers & 1 sister) do to get the money due to them from this land deal. secondly, how can it be ascertained as to what is the balance of land left as a share of mother. what action can be taken to ensure that the balance share if any left is not sold off without any approval from these 3 .


 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     30 April 2012

remaing brother and sisters will have to file a suit for partition 

shazad (member)     02 May 2012

how can they take the deal money keeping away the other shareholders, this is ofence and false in misrepresentation and criminal breach of trust, without geting partition wether domesticaly or thru court, no shareholder can take such brave decision, first the each and every thing wil b seperated in acordance with law and than every shareholder can take the step for disposal of his share, joint ownership comprise joint rites and rites of every one valuable, if still that deal is incomplete than you can get an injunctive order from court, you must make the party withwhome that deal is under process or even completed. 

Nishith P Thakkar (lawyer)     02 May 2012

to sell land without the knowledge of co sharer is cheating . u can file complaint. to get money of the sold land u can file suit for share . it land is not sold  or part of land is remain in custody of or ownership of any brother    u can file suit for partition, and ger right as well as compensasion and misne profit.

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