Hello Sir, We are 5 brothers and have 5 katha roadside residential land inherited from father(no more) and land was neither partitioned nor demarcated. one of brother sold his share of 1 katha of land which is road facing compare to other 4 kathas. problem is he sold to his friend and got half amount some in cash and some in account transfer. rest half amount is still pending. while registration he said to registrar that yes he has got all the money as he was selling to friend and he trusted him that he will pay later. now friend has taken U turn and not paying the money. everyone in family is upset on this even his wife and son. he did not tell anyone in family that he has sold the land. we came to know only when we heard of his friend not paying the money and ditched. kindly suggest what to do in this case. we are fine if his friend pays rest of mount if not then return the land. kindly suggest how to deal.
there are two key facts that you have highlighted and shall help in your case - 1) land was neither partitioned nor demarcated 2) we came to know only when we heard of his friend not paying the money and ditched. from the above it is clear that the ancestral property is undivided and the sale has been made without consent of all the heirs. - apparently the transfer is void in itself - you can claim that the property was sold without all the heirs being in notice and get a stay on the property immediately.
your brother has sold something which he was never an owner of!
option - 1 so now all the heirs can claim right in the property. before initiating a case in the court - i would suggest that you send a legal notice to the buyer first - he is at the suffering end - as his right is at stake - the transfer being void at the first instance. - so now - in all probabilities he will pay up the remaining amount for getting the titles in the property in order.
option - 2 you may decide to apply for partition of the property and claim right over the same - let the brother who sold land renounce his right on paper and the remaining heirs claim possession in the property. Also take possession on the property and let the buyer run around - exactly the way he is making you guys run around :)
We are 5 brothers and have 5 katha roadside residential land inherited from father(no more) and land was neither partitioned nor demarcated. one of brother sold his share of 1 katha of land which is road facing compare to other 4 kathas. problem is he sold to his friend and got half amount some in cash and some in account transfer. rest half amount is still pending. while registration he said to registrar that yes he has got all the money as he was selling to friend and he trusted him that he will pay later. now friend has taken U turn and not paying the money. everyone in family is upset on this even his wife and son. he did not tell anyone in family that he has sold the land. we came to know only when we heard of his friend not paying the money and ditched. kindly suggest what to do in this case. we are fine if his friend pays rest of mount if not then return the land. kindly suggest how to deal.
1) land was neither partitioned nor demarcated
2) we came to know only when we heard of his friend not paying the money and ditched.
from the above it is clear that the ancestral property is undivided and the sale has been made without consent of all the heirs. - apparently the transfer is void in itself - you can claim that the property was sold without all the heirs being in notice and get a stay on the property immediately.
your brother has sold something which he was never an owner of!
option - 1
so now all the heirs can claim right in the property.
before initiating a case in the court - i would suggest that you send a legal notice to the buyer first - he is at the suffering end - as his right is at stake - the transfer being void at the first instance. - so now - in all probabilities he will pay up the remaining amount for getting the titles in the property in order.
option - 2
you may decide to apply for partition of the property and claim right over the same - let the brother who sold land renounce his right on paper and the remaining heirs claim possession in the property. Also take possession on the property and let the buyer run around - exactly the way he is making you guys run around :)
Things would had been better had R simply published the comments on time.