If purchaser sues for partition and claims possession of his share you can exercise your right of preemption under section 4 of partition act

2) Supreme Court in the case of Ghantesher Ghosh v. Madan Mohan Ghosh

and Others, reported in [1996] 11 SCC 446. In this case it has been held

that before Section 4 can be invoked the following conditions must be

fulfilled viz.

(1) A co-owner having undivided share in the family dwelling house

should effect transfer of his undivided interest therein;

(2) The transferee of such undivided interest of the co-owner should be

an outsider or stranger to the family;

(3) Such transferee must sue for partition and separate possession of

the undivided share transferred to him by the co-owner concerned.

(4) As against such a claim of the stranger transferee, any member of

the family having undivided share in the dwelling house should put forward

his claim of pre-emption by undertaking to buy out the share of such

transferee; and

(5) While accepting such a claim for pre-emption by the existing co-owner

of the dwelling house belonging to the undivided family, the court should

make a valuation of the transferred share belonging to the stranger

transferee and make the claimant co-owner pay the value of the share of the

transferee so as to enable the claimant co-owner to purchase by way of pre-emption

emption the said transferred share of the stranger transferee in the

dwelling house belonging to the undivided family so that the stranger

transferee can have no more claim left for partition and separate

possession of his share in the dwelling house and accordingly can be

effectively denied entry in any part of such family dwelling house.

File a pre-emption suit to buy his share.

Since they have sold their share without first making an offer to you the only remedy for you is to file a suit for cancellation of the sale deeds executed by them. A suit for partition does not lie in this case.

1. First be sure that they have sold your brother's share of the said property has been sold to a third party.

2. If confirmed then collect certified copy of the sale deed.

3. As per rule, before selling part of a dwelling house wherein the families of of all the brothers live, the share of the said dwelling house held by a brother shall have to be offered to other brothers before selling it to a third party.

4. This is called pre-emption which is mandatory as per law.

5. File a declaratory suit praying for a declaration that the said sell is invalid for not pre-empting and also a direction upon the registrar to cancel the registration of the saod sale deed.

1) police will not intervene in civil disputes

2) since suit for partition is pending better obtain court consent for carrying on construction on plot

1. What is the complaint of the third party in your constructing the house on your share of the land?

2. Are you encroaching in to his land?

3. This is not entirely a civil matter since encroachment into his area comes under criminal law.

4. In case of criminal matter police has the role to play.

5. It will be prudent on your part to negotiate with police and ensure that they do not interfere in to the matter.