Yes they can settle in another one.
Partition of property - in case a brother has sold 2 arazi numbers
Please help me with a verdict in a similar case where a brother has sold land more than his share in 2 arazi numbers and now other two brother are fighting with us to get the land. and we are at the buyer end. We are in possession of the land by sale deed. but still out name is not in Revenue records. Other two brother are fighting case in revenue board stating that the seller sold more land that his share in the arazi number. but there is no partition deed as of now. Is it mandatory that all the brother will get share in the same araazi number? can they settle in other araazi. As the brothers still has much more land that it can be settled in some other number? If possible please share a similar case verdict of High court/Supreme court.
Asked 3 years ago in Property Law
Religion: Hindu
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6 Answers
First of all the sale of property without proper partition among the shareholders is not legally valid.
The seller cannot sell his share of property without identifying it when the property remains undivided.
If the other shareholders are filing a suit for partition and the court is passing an order allotting the share of the property already sold then the buyer has to vacate and deliver vacant possession to the allottee.
The buyer can recover the sale consideration amount from the seller.
The other shareholders can very well fight for their rights through court of law.
The land which is ancestral has to be divided amongst all the shareholders and only then can brothers sell the land individually.
If th3 partition hasn't been done then too the land can be sold but only if all the shareholders agree to sell the property.
If one of the brothers has sold you the land then the other shareholders will file a suit. This is what has happened.
You should file your reply.
You have to file suit for partition for division of land by metes and bounds
2) not necessary that all brothers get share in same Aarzi number
There is procedural solution for every problem. Any sale of property by a legal heir of joint more than his share invalid and can be cancelled by Court. Your remedy is, to file a suit for notional partition of including all other joint properties. Your seller’s share in the joint properties shall be deducted to the extent of excess property sold to you and your sale deed will be regularized.
Dear client It's difficult to provide a verdict without further details, such as the specific laws and regulations in your jurisdiction, the facts and evidence in the case, etc. However, generally speaking, if a person sells land that they don't own or that exceeds their share, it can be considered a fraudulent transaction and can be challenged in court. If there is no partition deed, then the land may be considered to be held by the brothers as joint owners, and each of them would have an equal share in the land. The outcome of the case will depend on the specific facts and circumstances and the applicable laws and regulations. It's recommended that you seek legal advice from a qualified attorney in your jurisdiction.
