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Irfan   26 August 2021

Property dispute

My Grandfather has 3 son's and he divided his property among 3 son's equally and few years back 2 of my father's brothers sold their land to others and now my father wants to sell his share but his brothers are not allowing him.
Can we sell the our share without their intervention.
Please advise


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 3 Replies

Shashi Dhara   26 August 2021

Yes he can sell,partition is registered or not,when his brothers sold their share Ur father has signed or not ,if not signed then Ur father can sell it .

G.L.N. Prasad (Retired employee.)     27 August 2021

If there is a bonafide document that states that the property is divided into metes and bounds with allocation and co-sharers possession since such division, supported by revenue records, there is absolutely no problem involved in selling his part of property received through deed.  Also, obtain the linked document or copy of such sale deed executed by uncles as they must have stated about the partition in sale deed executed in favor of the third party with such copy of link documents.

Dr J C Vashista (Advocate)     27 August 2021

If your father has been given a particular part of property by his father in a family settlement, his other brothers have no right, interest, claim or title of the share of your father, being absolute owner. Your father is competent to dispose the property.

If his (your father) brothers create any problem, he should file a suit for declaration and permanent injunction.

It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

  


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