Inherited agricultural lands: court ordered division
My eldest uncle after the death of grandfather filed a property suit for re-partition between three brothers all of whom held inherited ariculture lands. Later, before the judgement was pronounced, he expired and his son continued to fight the case representing his father (my eldest uncle) but during the pendency of the suit my cousin (eldest uncle son) sold the agriculture inherited without anybodys / even court knowledge. The court pronounced its judgement saying all agriculture property inherited and held by all 3 parties must divided equally among all three parties. But now there is no agriculture land with one party (eldest uncles son) as he has sold his property. Other two parties stand to loose , therefore what is legal remedy? selling property during pendency of suit legal ?
1 Reply
If your cousin sold property belongs to other two beneficiaries besides his share. Yes for sure the other two uncles can file for execution of the judgement. As under the doctrine of lispendis , any property sold in pendency will become invalid unless saved by the provisions of law.
Uncles can file