My father was exprired in 2003 and the a piece of agreculture land was transferred in the name of six brothers. We all the six brother live in a joint family and land is still undiveded. Recently one of my brother sold a precious portion of land duly shown the demarcation at his own in the sale deed. Though the portion sold is less than of his share but it is precious piece of the front side and value of other land is affected. We remaining brother knew the facts when revenue deptt asked us through notice about our consent on the sale deed before transferring the same in the name of buyer. We have objected this sale deed and now the case is in the court of tehsildar. Please advise whether we can challange this sale deed in the civil court to declare it null and void. The concerned rule/sections may also be quoted.
Under section 44 of transfer of property act co owner can sell his share without consent of other co owners
2) court may not declare sale deed null and void
3) you can exercise right of pre emption by offering to purchase your brother share
4) take the plea that land has not been undivided and brother cannot sell front portion of land as his share of land
Hi
1. The tehasildar may hold the mutation as you have objected .
2. The Brother has sold the share which was not demarcated and assigned to him with a physical division.
3. The precious portion of the land which was sold without consent of other legal heirs affected the market value of the existing shares and it can cause financial loss.
3. the Portion sold was not demarcated and the right in the portion of property which he assumed is against the interest of the other brothers.
4. Brothers can file a civil suit for the cancellation of the sale deed and ask for a physical division into metes and bounds or go for a settlement for an equal division interns of value.
5. should seek a stay/ injunction on the transfer /mutation till the matter is decided
Brother cannot sell front portion of land as his share as no demarcation of boundaries have been done for the co owners
Your brother could have sold only his undivided share in land
You can file suit to set aside sale deed on said ground
1.If the land is still then possession can be transferred beofre the physical partition is done
2.Since the land is undivided the sold portion does not belong to the transferor brother.
3.Now the tehsildar will decide the validity of the transfer or the entitlement of the buyer the portion of the undivided land.
4. if you oppose then you have the preferential right to purchase the undivided share form your brother.So offer to buy the said portion to make your case much stronger.
You should file a partition suit seeking partition and separate possession of each individual's share in the property with separate possession.
In the same suit you may seek the relief for cancellation of the sale deed by which your co-sharer sold his share in the property, if necessary or you may ignore that.
