Dear Sir,
My answers are as follows:
1)Now my uncle is selling the half of the land without dividing it. i wanted to know can he sell the property without dividing or without our consent?We have a land adjacent to road which is quite valuable and it,s not yet divided, now can he sell his half of the land without dividing or without our consent?
Ans: You may file a suit for partition and interim application seeking a direction to your uncle not to sell the property.
2)In case if he can sell his half, what if he sell the half which is adjacent to road which is not fair as it's not yet divided?
Ans: If he sell during the pendency of the suit, you can take shelter under section 53A of TP Act and get cancel the said sale deed.
3)As we are living in West Bengal now so we will not get to know immediately if he sells the land,later if we get to know than is there any limit that i need to claim it within 90 days of sell?
Ans: If you file a suit immediately then he will be restrain from selling the property.
4)we are asking him to divide the land but he is not ready to do it, so how can we force him to divide it and as the property is on my father grandfather name so will if we send some legal notice for division will it impact them too?
Ans: If he is not agreeing for partition then Court will pass a decree of partition. The relevant rules are as follows:
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PRAYER
WHEREFORE, the plaintiff prays that this Hon’ble Court may be pleased to pass an judgment and decree in favour of the plaintiff and against the defendants as follows.
a) Directing the defendants to effect partition of all the suit schedule properties by metes and bounds and put the plaintiff in possession of 1/5th share.
b) For grant of costs of the suit and such other relief’s as this Hon’ble Court may deems fit under the circumstances of this case, in the interest of justice and equity.
APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 OF CIVIL PROCEDURE CODE, 1908
For the reasons stated in the accompanying affidavit it is humbly prayed, to restrain the respondents from alienating the suit schedule properties, till the disposal of this appeal, in the interest of justice and equity.
Appellant No.2
Through
Advocate
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Section 53A in The Transfer of Property Act, 1882
1[53A. Part performance.—Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty, and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that 2[***] where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract: Provided that nothing in this section shall affect the rights of a transferee for consideration who has no notice of the contract or of the part performance thereof.]