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Sri ( )     22 October 2010

Sale of undivided property

Dear All,

       My father is owning an unpartitioned ancestoral property. Without our 3 siblings consent he sold 1/2 of the property to a 3rd party.  2 of our siblings has bought the property back. Now my dad says we have recognised the sale because we 2  siblings out 3 purchased back the property from that 3rd party and he says that he has 1/4 share of the remaining 1/2 of the property.

Again in another half of the property my dad sold  1 acre of land to another 3rd party without our consent

My question is

1) Can another sibling(who was not invloved in the any of these sale by by dad or purchase back with us) file suit to cancel all the sale and claim the sahre?. Again this is an ancestral unpartioned property.

2) What share my dad has if all the sale is canceled?

We claim that dad does not have any claim in the property since he has sold 1/2 property instead of share 1/4.

Who will settle the money to the 3rd party or do we have to setlle the money to 3rd party if our claim is successful?

Is there real legal remedy for us take all the property back for our 3 siblings?

Please clarify.  Thanks.


 1 Replies

unique horn (self)     25 October 2010

1) Your father can entitle  only 1/4 share of the property. so the half of the first sale and the whole 2nd sale is not valid until your father prove that the sale was done for the benefit of the whole family.

2) Since 2 of the three sons bought back the property means that they accept the sale.

3) The 3 son (sibling) can file suit against father, other 2, and the 2 buyers claiming his 1/4 share.

      If you are the 3 sibling first first give legal notice to other 3 of your family and the 2 buyers, that both the sale are not valid and you have 1/4 in all the properties.

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