Can One Brother Sell Another Brother's Share in Undivided Land?
Understanding Undivided Property: Can a Brother Transfer Another’s Share?
Land disputes have been a common issue in India. Over 7.7 lakh people are involved in such disputes, and over 2.5 million hectares of land area are disputed. There are numerous types of issues occurring on a daily basis.
Nowadays, one such issue is very common: one brother selling another brother’s undivided property without consent. Today, we will talk about this issue, whether it is legal or not, and how to stop it.
What is an undivided share of land?
Undivided property refers to a piece of property that is not partitioned among family members and still holds the status of ancestral property. This means if a property is in your ancestor’s name and has not been divided legally, it is called undivided property or ancestral property.
Can one brother sell property without other's consent?
Undivided or ancestral property includes ownership for all the people related to the family branch. This property comes under ancestral property status until partition occurs.
You and your brother, you both can also claim ownership of the property. But no one is allowed to sell it until he/she gets consent from all family members. Without a formal partition, it is not allowed to sell any portion of the property. It is illegal if anyone tries to do so.
What if the father gives consent to sell undivided property to one brother?
In the case of ancestral property, the father is only allowed to give consent to sell his own share, but that too after partition. Before partition, the shares of individuals are not clear, so giving consent to sell the property cannot work.
The father is only entitled to sell his share, not the entire property. A father can sell ancestral property if there is a legal necessity, such as urgent financial needs or to pay off debts. In such cases, the sale may be allowed if it benefits the family, though court approval might be necessary.
What are the rights of the buyers?
If someone sells the property with court approval, they buyer only hold possession as a co-owner and enjoy all the rights of the previous owner. However, they cannot hold sole ownership until the partition occurs.
What if one brother is a minor?
To sell the share of a minor owner, the father or mother can be a legal guardian. But to sell his/her share, the parents must take permission from the court. This ensures that the child’s rights are protected and that the property is being sold for a welfare cause.
How to divide a land among brothers?
To divide land among brothers, the process of legal partition must be initiated. After the land is divided, the property must be legally registered in the registrar office. Only then will anyone hold sole possession of their share and be able to sell it to whomever they want without third-party involvement.
How to Stop One Brother from Selling Another Brother's Ancestral Property
To stop one brother from selling another brother's undevided property, first check if both brothers have equal ownership. If they do, the sale usually requires both to agree. Have a calm discussion to resolve the issue. If that doesn't work, the brother who opposes the sale can go to court to block it, especially if there's a will or legal agreement that protects the property. Legal advice is helpful.
In conclusion, no brother can sell another brother's share in undivided ancestral property without consent. Legal partition and registration are necessary for individuals to have sole ownership.
The consent of all family members, including minor children (with court approval), is required before any sale can take place. Proper legal processes ensure fairness and protection of all family members' rights.
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