• Illegal sell of Joint property

Dear Advocates,
 
This is regarding a case wherein a joint property (purchased by my grandfather and remains undivided after he deceased till date) is been sold by one of my relative (Cousin Brother- his share) on his own without informing the other family members. 
This cousin further kept taking some money initially and subsequently kept on receiving money (as a monthly instalment) every month. Overall he has received part in cash a few as cheque payments towards an agreed value which is 35% of the total decided value. My cousin also handed over the original agreements of the property to this fraudulent purchaser. 
This purchaser now sometimes hands over money to this cousin by cheque. My Cousin had got married few years back. His wife and he are not on good terms and now she is asking him to give her share from this ancestral joint property. The investor sometimes gives money to her too. 
This purchaser has not taken possession of the house and some land along with it. Neither do we or anyone stay as the house is now damaged and not fit for use. Electricity is cut off. 

The agreement is made on a 100 rs stamp paper with a Notary stamp and not in a gram panchayat office. Also it is not mentioned exact in how many instalment’s will be the pending amount paid. 
My question:
We understand, this is a practice in villages and rural areas to put an advance for a property to one of the co-owners and eventually keep it hanging ultimately making it difficult for the owners who ultimately have to sell them to these purchasers.
My question,
As it’s clear, this transaction is not complete until all the relatives agree and sign on an agreement;
What is the intent of this purchase mentioned about, if all the relatives have not agreed, what this person will gain by giving money only to one of the relative as in fact he is locking his money which will be futile unless we all agree to sell him. 
As original property papers are now in the investor’s possession, what can we do? Can we sell it to someone else?
Is there any unique way to handle this? 
Note: The cousin is now in good terms with us now and understood his mistake and is now with us for support. In fact we support him financially for his living

best Regards,
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) under section 44 of transfer of property act co owner can sell his share without consent of other co owners

2) file suit for partition for divison of property by metes and bounds

3) seek an injunction restraining cousin from selling the property

4) since cousin has not informed you of the sale you need not bring the purchaser on record

5) obtain certifed copy of sale deed wherein grand father purchased proeprty from sub regsitrar office

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

it is better to file suit for partition for divison of proeprty by metes and bounds to avoid legal complications in future

2) if origfinal documents are with purchaser approach him and reach an out of settlment with him

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

The transactions whatever your cousin entered with a buyer is illegal and invalid in law.

This was your grandfather's property in which he will get rights only after his father.

If his father is alive then your cousin cannot sell or enter into any such agreement.

This is an illegal act for which he can be punished for the land grabbing offences or cheating clubbed with forgery and fabricating the documents.

You may ask the cousijn to return the amount he received to the investor and also be aware that the agreement entered in a non judicial stamp paper with notarisation and not registered is not valid in law.

The investor cannot take possession of the property by any reason.

In the meantime, the shareholders should decide about the next course of action on this.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

file suit for partition will be long process and not viable.

regarding injunction, as informed, cousin is now in our favor and will surely not proceed ,

I am not sure it will be available as it was purchased in 1945-50,

Any other kut neeti which maybe applied

The suggestions rendered were to enable you to secure the property, if it is not feasible you may consult in person with a local advocate on this issue and decide next action.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

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