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Shailendra Sonkar ( )     15 January 2022

Selling Land Illegally

Dear experts,

I have one land in Noida and this land is registered on our mother's name. I am 3 brothers and 2 sisters. My elder brother want to sell the land and my mother is not ready for this. So my elder brother threaten that he will sell the land.

So is it possible for him to sell the land if it is not registered on his name?
If he sold the land with fraud supporting documents in illegal way, So what actions can be taken?


 3 Replies

Dr J C Vashista (Lawyer)     15 January 2022

How did you mother acquire the land i.e., by succession or self acquired by any other mode of transfer of title / ownership in her name ?

Your brother has no right, claim, interest or title in the property owned by your mother (as stated by you) therefore he (your borther) can not sell.

There is some confusion in the facts, it would be better to consult a local prudent lawyer with relevant records for better appreciation of facts, professional advise and necessary proceeding.

G.L.N. Prasad (Retired employee.)     15 January 2022

The land registered in the name of the mother is her exclusive property, and one of her legal heirs can not sell any part of the property.

Release such Public notice through a local advocate (Publishing in newspapers) that property belongs to Smt........and none of their children can sell/dispose or deal with the property.

Aryan Raj   15 January 2022

In response to your query,

As you have mentioned that the property is registered in the name of your mother therefore nobody can sell that land without her consent even if it is her legal heirs as it is her exclusive property because it is registered in her name. 

If your brother is to sell the land fraudulently you can sue him for misrepresentation of facts and documents to sell the land and you can also release a public notice in the newspaper to inform people that this particular land is owned by your mother and nobody else can make any kind of sale without her acknowledgement. 

Regards, 

Aryan Raj 


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