Section 22 of Hindu succession act provides that when an interest in any immovable property of an intestate devolves upon two or more heirs, and any one of such heirs proposes to transfer his or her interest in the property or business, the other heirs shall have a preferential right to acquire the interest proposed to be transferred.

2) you can file suit for pre emption to set aside sale of property. 

Dear Client,

Your consent is not require before sale but under law of pre emption, you have prior to purchase than to third person.

And in joint residential property, outsider dose not get same rights that family members have. Only trasfer of ownership but no right to residence.

File suit for cancellation of sale deed and offer same price to purchase.

If the property is undivided and sold without your consent then you may file a civil suit to cancelled the sale deed.

You can file suit for preemption 

do it within period of 3 months of sale of property 

1.  IF the property is "ancestral"  AND IF the property was not duly partitioned, by following due procedure of law,  THEN the said property cannot be sold to anybody outside the family.

2.  File Civil court Suit, for restraining order.

Dear Client,

After partition, any one may sell his/ her share.

But as per recent judgement of Supreme Court of India, first right in the ancestral property is of co-share holders instead of others. Your brother must first offer to you before selling to others. You may challenge the sale deed.

See if the property after partition from his own share then no consent is required ans brother is not required to offer you property first he can directly sale it.

See in case the road is part of common area and then it is sold for that area you can claim but based on facts you stated suit is as such not maintainable for cancellation.

Dear Sir,

A suit may be  filed to cancel the said sale deed on more than one ground.  The co sharer have a right pre emption and the other co sharer must first contact the other co sharer before selling the property.  Thus not taking your consent and selling road which is common to all leads to cancellation of sale deed.

Hello Sir,

Please be advised as follows:

1. Firstly, with respect to your entitlement, since this is an ancestral property and IF you are the LEGAL heir, then he cannot sell the YOUR property without your consent if it is partitioned and you can raise a dispute by the virtue of same being partitioned. 

2. For better clarity, it is important to review few documents which are as follows:

i)  Do you have the Partition deed with you?

ii) He can only sell the property as per the partition agreement which exclusively belongs to him and his registered in his name only.

II) Was the residential property told by you above in his name solely? (Any registered document with respect to the same if available)

iii) In the revenue records with the sub registrar presently has the registry been done in the name of the new owner to which your brother has sold the residential property? 

Try and Find out to whom has he sold, does the new owner has got the registry done in his name or not yet?

Even if he has sold it, you can dispute it.

Please revert in case of any query. If you want to get your documents reviewed in any case, Please let me know. Will help you with the same.  

Thank you for your time and Consideration. 

1. does your brother have any registered title document entitling him to this property which he has sold?

2. was the property given to him on a partition?

3. if answer to the above questions is YES, then he can sell the property

4. if NO, then you can file a suit against him and his buyer and seek a declaration of your share in it and for annulment of the sale by your brother and also for cancellation of the registered document between your brother and his buyer

- Sine, your brother has sold the residential property after partiton , then you have no right to claim over the said property.

- As per law, One or more co-owner can sell his/their share without partition or demarcation without consent of others.But others owner can file a suit for preemption right to restrain stranger. 

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 can file suit for cancellation of sale deed in limition.

Dear client 

Yes you can claim the property by filing a petition in the court that this property was sold without the consent of legal heirs and it Was fraud done by your brother. As it was sold without taking consent of other legal heirs of the property.

Yes you can claim the share in proceeds from your brother

If the property sold by your brother was his own and absolute property with clear and marketable title on his name, then you cannot dispute it, however you may furnish clear details so that you can get proper legal opinion for your query.

If you have a share in it then you can fight agaisnt it or you cannot do anything about it.

The share which your brother received after partition was his separate property, which he was at liberty to alienate at his whims and fancies to anyone. He did not require anyone's consent for this. You have no cause of action to challenge the sale.