My grandfather & his younger brother bought a big single piece of land & stayed there throughout their lifetime in West Bengal. My Grandfather had 3 sons : Tapas, Ashis & Tarit. (Ashis is my father) His younger brother had 2 sons: Sapan & Tapan. The land was later on divided into these 5 people as per will. Now, all my grandparents have expired. Tapas & Ashis got a job outside West Bengal. Tarit, Sapan & Tapan stayed on the property. When you face the property standing on the road, on your right the first land belongs to Tarit & on left it belongs to Tapan. As you walk straight, the next plot is of Ashis on right & of Sapan on left. On walking straight further, you touch the property of Tarit now purchased by Sapan. Tarit & Sapan has built their own houses on the said property. Tapan is not so well settled therefore he & his family stays in Sapan's house. Tapas settled in Orissa. Sapan bought his piece of land from him. Ashis is settled in Chhattisgarh. He also wants to keep his ancestral property by buildinga a house there so that whenever he & his family visits Kolkata, they have a place of shelter. Ashis visits his ancestral property once or twice in a year or few days. Sapan someway or the other does not allow Ashis to start construction work. 1. Can Ashish sell this property? 2. Does he require a legal consent of his brothers prior to sell this property? 3. What legal action can be taken if Sapan/Tapan/Tarit does not allow Ashis to construct or sell the property?
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1. Since the proeprty appears to have been partitioned way before among the 5 beneficiaries of Will, there is no bar on sale of the any one's share.
2. in other words Ashish can sell his share for which no consent is required provided the plots are partitioned .
3. If partitioned then no action can be taken by any other co sharers.
Do note that even if the proeprty is not partitioned then also Ashish can sell this but the buyer can take physical possession only after partition of the same.
1) Ashish can sell his undivided share in property
2)under section 44 of transfer of property act co owner can sell his share without consent of other legal heirs
3) file suit for partition for division of property by metes and bounds
4) seek injunction restraining other legal heirs from selling the property
If it is a jointly held property then no individual can sell the property separately, all concerned have to express their consent.
If the brothers have a share in it then they are to consulted
He has to file an injunction suit restraining them from interfering with the possession and enjoyment of the property
