Respected Advocates, Here i am requesting your suggestions to find a way on how to Cancel a Undivided - Ancestral Property registration in Tamilnadu which was made by 2 of the legal heirs out of 5, as per Heir certificate issues by Government. So as my grandfather died in 2016 leaving few Undivided property and we are 5 legal heirs out of which 2 had sold the undivided property which is still in our grandfather's name. when checked with registration department, we were told that they have done it as per their registration law and it allows them to register mentioning it as Undivided and they are selling only their shares. And because of which the EB connection was also transferred to a new name, even though we are still coowners of the undivided property. However, i have also come across many articles mentioning that it's not valid if the legal heirs have sold the undivided property and we have to go through Court of law. And few other articles / forums say, the Registrar have all the rights to cancel the registration if other's produce a petition. REf- https://vakilsearch.com/blog/selling-ancestral-property-in-india/ Please provide a valid & viable solution to get this registration cancelled, if not possible, do suggest the next legal steps. Thanking you ALL in advance.
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Under Section 44 of transfer of property act co owner can sell his undivided share in property without consent of other co owners
2) you would need court orders to set aside sale
3) your best option is to file suit for partition fir division of property by metes and bounds
Engage a competent lawyer and arrange to file a suit at the jurisdictional court for declaration of your title and for partitioning the ancestral property and also for setting aside the sale made by the two legal heirs without your knowledge or consent. Also file an IA simultaneously for an order of injunction restraining the two other legal heirs from handing over possession and/or dealing with the property till the disposal of the suit.
I have one another question, out of two legal heirs who sold the undivided property, one of the paternal uncle's son who wanted to file a case against the sale of this ancestral property. Is he eligible to file a case against this sale or his father who sold this undivided property without his consent ?
If it is ancestral property then his consent is necessary for sale of undivided share by his father
he can file suit to set aside sale of property
The cosharers can sell their undivided share in the joint family property.
The buyers will become joint shareholders and they can file a suit for partition to divide and obtain their shares with separate possession.
There's no need to cancel the sale deed because you are not a party to the sale deed.
You can file a suit for partition and request court to divide the property by metes and bounds and allot your legitimate share with separate possession.
If he is a coparcaner then he can file a separate suit for partition seeking his individual share in the property.
You can go for cancellation of the said illegal deed or agreement by filing suit in court
- As per law, an undivided share of property can be sold without the consent of other legal heirs , but the possession cannot be passed to the buyer .
- Further, if the possession of any portion has been given to the purchaser , then it can be cancelled by court order .
- As per law, after getting the share in the ancestral property , it will considered as self acquired property of his father , then his son having no right to challenge that sale.
The parental uncle's son can challenge the sale only if he has an undivided share in the ancestral property, and not otherwise.
Dear Client,
Under Hindu law, all successors have an equal right to ancestral property and any sale or transfer of the property must have the consent of all successors. If any disputes arise, they can be resolved through mediation or by filing a suit in court.
