My cousin sold/leased a very prominent roadside part of a 50 dismil ancestral unpartitioned land without informing us .We tried to stop the ongoing construction but the party he sold to did not stop the construction. Can we sue him for this,how likely is that we can free that exact part of land .My dad passed away a few months ago,and my cousins are in a selling spree since then,i.e they are trying to sell all the good portions of the undivided ancestral land but they are doing measurement and selling the area that each brother would get after partition. Please suggest some remedy. Also,how can people ascertain which part of land goes to whom without partition. There are alsl agricultural lands which is to be divided and my cousins say that they have been tiling it for 30yrs,and we should also til that land for 30 yrs before partition
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1) file suit for partition for division of properties by metes and bounds
2) seek an injunction restraining cousins from selling any property
3) seek orders to set aside sale of land by the cousins
4) seek court orders restraining carrying on any construction on said property
Can I stop them from using unpartitioned ancestral land in this way,I read somewhere that if they sell or lease their exact measured land,then the buyer can sue me too,and that they are within their rights .Is it so ?
Under section 44 of transfer of property act co owner can sell his share without consent of other co owners
You have tofile suit for partition for division of property by metes and bounds
Youcannot stop them from using un partition land
ancestral property can not be sold without consent of successor, the property is not earned by a person who want to sell it,so can not sell it to anyone.
you should immediately file partition suit and file an injunction order also.
you can also lodge criminal Complaint against your cousin and buyer u/s 441,420,468 .
Challenge the sale deed by means of which the land has been sold.
Also, you can file a suit for injunction and take order that no further land be sold.
Selling unpartitioned land is against law and void per se.
Get in touch with a local lawyer.
Regards
Buyer can not sue you.
It was upon the buyer to properly check the title of land.
He should not have purchased unpartitioned land.
Regards
Sir file a suit for cancellation of sale and partition of the property further an application for interim stay so that there is no construction and the property is not sold further.
Further the rule of the partition is that all the coowners get equal share in terms of value so he cannot sale property he by demarcating it he can just sale the undivided share.
No you have right to stop them he cannot sale and the buyer doesn't have any remedy against you the sale is not proper.
Dear Client,
File partition suit than court will order partition according to metes and bound and also get stay from court against any alienation of land till partition not ordered by court.
They can sell their undivided share but you are entitle to claim partition on equal basis acc. to value of land.
Approach the Court and file an injunction suit.
Implead the party to whom the illegal sal;e of land has been made.
Request the Court to preserve the status quo by passing an interim order.
You have to file a partition suit immediately and along with file an application seeking injunction restraining the respondents from alienating or encumbering the proeprty in any manner till the disposal of the main suit.
The undivided share cannot be sold without ascertaining respective share of each individual.
You discuss with your advocate and initiate immediate steps to stop them by an injunction order from the court competent.
Can I stop them from using unpartitioned ancestral land in this way,I read somewhere that if they sell or lease their exact measured land,then the buyer can sue me too,and that they are within their rights .Is it so ?
The buyer cannot buy the property without ascertaining the title and owner of the property,
if he does then he may have to forfeit his property when the court decides that the purchase is illegal.
You can obtain injunction against the subsequent purchaser too.