My uncle sold his share of our ancestral land to an outsider without telling me. Now, the buyer has filed a partition suit. I own 1/6th of the total 8 shares of land. My uncle sold his 1/8th share, which includes agricultural, residential, and barren land. I don’t want this outsider to get our ancestral land, but my uncle didn’t even offer to sell it to me. He sold it to a real estate agent. Is there any way to cancel the sale deed? Is there a law that gives co-owners the first right to buy an undivided share of ancestral land? The buyer hasn’t taken possession yet.

Apni Law
Apni Law
Law Forum › Category: Property › My uncle sold his share of our ancestral land to an outsider without telling me. Now, the buyer has filed a partition suit. I own 1/6th of the total 8 shares of land. My uncle sold his 1/8th share, which includes agricultural, residential, and barren land. I don’t want this outsider to get our ancestral land, but my uncle didn’t even offer to sell it to me. He sold it to a real estate agent. Is there any way to cancel the sale deed? Is there a law that gives co-owners the first right to buy an undivided share of ancestral land? The buyer hasn’t taken possession yet.
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Apni Law Staff asked 1 year ago

My uncle sold his share of our ancestral land to an outsider without telling me. Now, the buyer has filed a partition suit. I own 1/6th of the total 8 shares of land. My uncle sold his 1/8th share, which includes agricultural, residential, and barren land. I don’t want this outsider to get our ancestral land, but my uncle didn’t even offer to sell it to me. He sold it to a real estate agent. Is there any way to cancel the sale deed? Is there a law that gives co-owners the first right to buy an undivided share of ancestral land? The buyer hasn’t taken possession yet.

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Best Answer

Apni Law Staff answered 1 year ago

Indian law does not explicitly provide a right of first refusal for co-owners of ancestral land. However, you may have grounds to challenge the sale based on your uncle’s failure to inform you and offer the share to you first, potentially arguing a breach of trust or undue influence. You can consult a lawyer to explore legal options and determine if the sale deed can be challenged in court.

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Previous Article My grandfather passed away leaving 70 decimals of land. Since my father was a minor then, my elder uncle became the guardian. During road construction, 15 decimals were acquired by the government, and my uncle received the compensation. He married three times, with the first two wives passing away childless. His third wife was from Bengal and had two sons. They lived in Bengal for over 50 years. My father has been paying all taxes for the remaining 55 decimals for the last 50 years. Now, my uncle has also passed away, and his son is demanding a share of the land and threatening to sell it to outsiders. How can I reclaim the entire property in my father’s name? My father is still alive.
Next Article Can a child who passed away before birth or was lost through miscarriage inherit property from their deceased father in a Hindu family?

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