My grandfather passed away leaving ancestral land in Dwarahat, Almora, Uttarakhand. The land records show all inheritors, including myself. My grandfather had four sons, all deceased. We, his 12 grandsons, are now the rightful heirs. The property is divided into separate plots across the Tehsil. My share is 12.5%. While the family divided the property amongst themselves, it was never officially registered. Now, one cousin, holding a 4.2% share, has begun selling land in a prime location without consulting the rest of the family. He sold two plots originally allotted to my father during the informal partition. I protested this sale but was told by the Tehsildar that any shareholder can sell their land without needing consent from others, as long as it’s within their allocated share. Is this legal? How can I safeguard my portion of the land from further sales? Is it possible for me to register my share of the plots in my name?
Best Answer
While a co-owner can generally sell their share without others’ consent, the sale may be invalid if it violates the terms of the informal partition or if it significantly prejudices your rights. You can file a lawsuit to challenge the sale and seek injunction against further sales. You can also apply for registration of your share in the land records to safeguard your rights.
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