• Is selling of better half of an ancestral property by a brother

Dear Mam/Sir,
We have some agricultural land in a village in Bihar.It was my grandfather's property who passed away a long time back.The land was held jointly in the name of his two sons: my father and my uncle.No partition had been done.A couple of years back my uncle sold half of the property to another person.However, the value of the land which he sold, as his share, exceeds the value of the remaining land by a lot.My father, a few days back, got my uncle's name cancelled against the remaining land and now the remaining land is in his name only.Please suggest me what i can do to get an equitable share, not just by area of land but also by the value.The person to whom my uncle had sold half of the property has already sold some part of the land to a third party.Can anything be done now or is it too late?
Awaiting an advice.
Asked 3 years ago in Property Law from Madhubani, Bihar
1) was it self acquired property of your grand father or ancestral property? 

2) if land was held in name of your father and uncle they would be absolute owners of said property . 

3) since your uncle has sold his share . your father should sell of the land standing in his name if he needs money . 


4) you have no rights on said land unless it is ancestral property . 

5) since your uncle has sold  50% of the property ie his share if your father  was  aggrieved your father should have challenged the sale . the fact that your father did not do so for so many years would go against him in courts .
Ajay Sethi
Advocate, Mumbai
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Hi, you can ask for partition the property in the name of yours as your uncle has already sold the property other wise you have to file a suit for partition ask for yours 1/2 share.
Pradeep Bharathipura
Advocate, Bangalore
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149 Consultations
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1)equal share would be as to area of land and not of equitable market value . if it is ancestral property you can file suit for partition to claim your share 

. 2)  if land was in name of your father and uncle  I  fail to understand on what basis you say it is ancestral land . .

3) if your uncle has sold land illegally challenge the said sale . the issue would be what were you doing for so many years . 

4)anyhow contact a local lawyer and on basis of legal advice take further steps
Ajay Sethi
Advocate, Mumbai
26123 Answers
1420 Consultations
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thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
26123 Answers
1420 Consultations
5.0 on 5.0

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