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i m writing here my case related with land property in ( Maharashtra) India ,

my grandfather is having the agricultural land whcih is of their forefather
and my grandfather have 3 son and 3 daughters

wat recently is communicated to my father who eldest among them
that the land is already sold and pls accept or take yur part of money

now my question is
1) if land is already sold, then wat i or my father can do to save that land from being sold
as it is of my forefather
i am not interested in selling it
and if even all are agree on this
then is there any provision that first buyer should always me or my father before selling to 3rd party?
or else is ther any way to get stay on this dealing

2) if it is not sold till date
then wat are the ways to avoid to get them sold to 3rd party directly without my intimation
or else they first should ask me or my father for buying option.
---------------
so in conclusion that
i anyhow wanted to stop the seling of my forefather land ,

2007-12-11 23:21:57 · 4 answers · asked by s s 1 in Politics & Government Law & Ethics

4 answers

As I presume this case relates to the Hindu ancestral undivided property. The grand father if alive is the manager of this property, all his sons, daughters, grandchildren (including you) are the coparceners & all has coparcener right over such ancestral property. I have included the daughters of the grandfather too as coparceners as the recent amendment in the Hindu Succession Act has included the daughters as coparcener shareholder in the undivided Hindu ancestral property. What maximum can be done in such undivided ancestral property is dividing such property amongst all the coparceners on the request of any of the coparcener, & each of the coparcener will get his her share out of it. Now how to divide such undivided ancestral property? Either divide such property in equal parts & transfers each part to individual coparcener or sells this whole property & then divide the amount received from this sale amongst all the coparceners. Now in this case your father wants to buy such property at market price & then divide the sum of money amongst all the coparceners, this is a good proposal which you should make to all the coparceners if such property has not been sold. As far challenging the sale of such property by the manager i.e. your grandfather & few coparceners, without the permission & proper mutation of this property in the name of all the coparcener (including you people) is concerned, you can even challenge this & seek stay from the court. But in such a case this being a civil case it can take ten to fifteen years or even more to finally decide. The best compromise for such dispute is to sit together & decide amongst all the coparceners, where your proposal to buy the whole property & give all the other coparceners their monetary share can be brought forward.

2007-12-12 03:45:32 · answer #1 · answered by vijay m Indian Lawyer 7 · 3 0

You really need to give details of who is doing the selling. It sounds to me a bit like a compulsory purchase order, usually used when the government wishes to build a road or major civic project, and issues an order for all necessary property to be summarily purchased from the owners. If this is the case there is little or nothing you can do if the amount being offered is at or above a fair market price.... and either way, once land is sold, then the purchaser is free to dispose of it as they wish without any recourse to previous owners.

2007-12-11 23:36:15 · answer #2 · answered by eriverpipe 7 · 0 0

If it is already sold then you can't do anything.

Before selling if you could hv offered the market price you would hv got it.

Now after effecting the sale still intrsted in the said land you have to take it from the existing holder if he is intrested in reselling the land.

2007-12-11 23:28:44 · answer #3 · answered by BLOWHOT 3 · 0 0

Consult an advocate regarding the matter, refer this site http://www.advocatekhoj.com/

2007-12-12 15:21:06 · answer #4 · answered by Varun N 3 · 0 0

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