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
Thank you for your response.
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. Thank you.
Asked 7 years ago