I have an ancestral properly (land area) that my grandfather bestowed to his 4 sons (1/4th share for my father). My father and 2 uncles have passed away. Now my other uncle wants to sell the piece of land. We have an internal family issue and he is not sharing me the buyers details and all via the broker. They have conveyed me via broker that they would be selling their part of the land and my 1/4th would remain as is. Is this legal n valid that they can sell their part of the land without my consent. Also can i send an letter to the Property Municipal Corporation to withhold the selling of the land without my approval. Thanks for your guidance.
Property acquired and owned by grandfather does not amount to ancestral property. Such property is self acquired property of grandfather and not amount to ancestral property. Being self acquired property grandfather had bequeathed his property to his four sons which he had full right to do so. Being grandson you donot have any say nor any consent of you is required for selling the share by other share holders of the property. So other share holders of property have every right to sell their share to person of their choice and for selling their share no consent or permission or approval of you is required. .
Dear Client, based on your question, Since the ancestral property hasn't been partitioned, your uncle can't sell his portion unless he first divides the land. You have a right of pre-emption, meaning you would have the first chance to buy his share before he can sell it to someone else. it would suggest to consult an advocate for proper legal advice. Hope this answer help you. For more detail discussion feel free to contact.
Dear Client, based on your question, If the ancestral estate was not partitioned, then your uncle cannot possibly sell off his share until and unless it is partitioned. You can claim your preemptive right in order to purchase his share just before he sells it off to some outsider. You may also give notice to the municipal corporation to inform them of the undivided estate and request a ban on sale or mutation of it without your consent. For stronger protection, it may be better to consult a lawyer and conduct a filing of injunction suit against an unauthorized seller. Hope this advise help you. For more detail discussion feel free to contact.
