• Undivided property sale

I have three elder brother and one elder sister. All are Chennai based. My second brother and myself only alive. 

My third Brother had one daughter but she is also not alive (5 share).  My Third brother's son in law sold the 1/5th share of undivided property without consent of other legal heirs through will of third brother's wife. She is also not alive. She has two minor sons at the age 17 and 9. There is no will from third brother or from his daughter.

Questions.

1. Is it legal that the selling the undivided property by my third brother's son in law without consent of other legal heirs? Is there any law or law section for that. Please mention the particular Section No.

2. Is the buyer (purchaser) of 1/5 th share land has any rights to demand the particular portion of land on his preference (area or location) to other four legal heirs?

3. Is other legal heirs has to allocate the particular portions of land to the buyer (purchaser) of 1/5 th share of undivided or unpartioned land?

4. Otherwise for acquiring (with draw the land from buyer of 1/5th share of land) our land if we settled the amount of sale deed with interest amount as on date will be allowable?. Is court will allow to settle this payment through court to purchaser of 1/5th share land through court? 

6. Due to problem in EC no body will come forward to purchase balance 4/5 (major portion) of our land.  What is solutions for this?.

7. We given many complaint against him in many police station. But no body take 
proper action against him. 

8. One of public prosecutor given the statement letter to police station that "My third brother's son in law sale of his 1/5th share is legal as per document he produced"  Is it correct?  If it is not correct what we would take the action against him.

In above matter. Who did the major mistake? Who will be benefited more ? How we have to solve the problem without file the case in court?

10. Myself only facing the problem and fighting the opposite persons to solving the problems for three and half years but other three legal heirs not ready come and solve the problem.  They want only final benefit of money after sell the land.
Asked 1 year ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
1) under section 44 of transfer of property act any co owner can sell his share . 

2)there is no legal bar on one of the co-owners of an immovable property transferring his share in the property to an outsider 

3) purchaser cannot demand particular portion of undivided land . Transfer of Property Act provides that the transferee of a share of a dwelling house, if he/she is not a member of that family, gets no right to joint possession or common enjoyment of the house. Section 44 adequately protects the family members against intrusion by an outsider into the dwelling house. The only manner in which an outsider can get possession is to sue for possession and claim separation of his share.

4) under section 4 of the  Partition Act which deals with partition by transferee of share in dwelling house  reads as under:-

"4. Partition suit by transferred of share in dwelling house:- (1) Where a share of dwelling-house belonging to an undivided family has been transferred to a person who is not a member of such family and such transferee sues for partition, the court shall, if any member of the family being a shareholder shall undertake to buy the share of such transferee, make a valuation of such share in such manner as it thinks fit and direct the sale of such share to such shareholder, and may give all necessary and property directions in that behalf."

5) file suit for partition
Ajay Sethi
Advocate, Mumbai
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Hi, you have to file a suit for partition of your share in the property so that as per law you will be entitled for your share.

Pradeep Bharathipura
Advocate, Bangalore
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1. Is it legal that the selling the undivided property by my third brother's son in law without consent of other legal heirs? Is there any law or law section for that. Please mention the particular Section No.
Yes his act is illegal, he cannot sell others share, you may refer and peruse Hindu succession act. 



2. Is the buyer (purchaser) of 1/5 th share land has any rights to demand the particular portion of land on his preference (area or location) to other four legal heirs?
No he cannot claim it that way, he can seek partition and division by good and bad soil .


3. Is other legal heirs has to allocate the particular portions of land to the buyer (purchaser) of 1/5 th share of undivided or unpartioned land?
This can be decided in the mutual partition also.


4. Otherwise for acquiring (with draw the land from buyer of 1/5th share of land) our land if we settled the amount of sale deed with interest amount as on date will be allowable?. Is court will allow to settle this payment through court to purchaser of 1/5th share land through court? 
It depends on the pleadings and the mutual compromise agreement arrived between the parties. 



6. Due to problem in EC no body will come forward to purchase balance 4/5 (major portion) of our land.  What is solutions for this?.
There is no problem, you  have to convince the buyers properly.  Take the opinion of a lawyer and keep it in possession whenever there is a query in this regard. 




7. We given many complaint against him in many police station. But no body take 
proper action against him. 
You may approach court with a private complaint under section 156(3) for relief, contact your advocate.



8. One of public prosecutor given the statement letter to police station that "My third brother's son in law sale of his 1/5th share is legal as per document he produced"  Is it correct?  If it is not correct what we would take the action against him.
The public prosecutor cannot give opinion about this civil matter, only a government pleader can give one.  However nothing can prevent you from challenging this opinion before court of law. 


In above matter. Who did the major mistake? Who will be benefited more ? How we have to solve the problem without file the case in court?
Without knowing the background details or facts, it will not be possible to give any concrete opinion. 


10. Myself only facing the problem and fighting the opposite persons to solving the problems for three and half years but other three legal heirs not ready come and solve the problem.  They want only final benefit of money after sell the land
You may fight only for your share and dont bother about their shares. 


T Kalaiselvan
Advocate, Vellore
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127 Consultations
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