Community › Forums › Legal Advice India › Can I sell part of my ancestral property that has not been divided ?
- This topic has 7 replies, 4 voices, and was last updated 1 year, 2 months ago by
Supergowri8151.
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FFiercesampada3166
PARTICIPANT
April 22, 2025 at 3:37 amSo in our paternal village we have some property left ,which the relatives who lived in village used for agricultural activities for long ,like for paddy crops manily. They personally never gave us any amount of compensation for using our share of property.So during covid, we sold a small part of it, after calculating our share with the help of a lawyer and sold it to someone. Im 100 percent sure that we arent selling more than our share.
Also, some other members of previous generations have already sold their share in some locations. Fyi, property is dispersed in various locations around the village. But now they are creating issues when we are trying to sell our share.
My question is, is it legal to sell the property that way? My grandfather died recently. And the name of people in land records are most likely my grandfather’s father or grandfather. Meaning that it has been undivided for very long.
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SSupergowri8151
PARTICIPANT
April 22, 2025 at 3:49 amUndivided shares can be sold but the buyer will be at risk and you can’t decide on the location and dimensions of the land you are selling. It will be decided mutually or by court so your buyer might not end up with the land that he bought-
FFiercesampada3166
OP
April 22, 2025 at 1:27 pmDimensions can be fixed here. For example if you have a plot aligned by the road, then all the people will want to take the road’s side,then you will be left with only one option , to divide the plot in a specific way that everyone gets road’s side. The case is same here.ΒAlso , suppose that after division i don’t get the plot which I sold earlier to the buyer, because a family member asked for the same plot for himself. Why can’t I ask the same question to him?Β
As I told people and old men have already sold large areas before us.
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SSupergowri8151
PARTICIPANT
April 22, 2025 at 4:51 pmExactly, then it goes to court for 15-20 years and your buyer will be at loss
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SSupercharu1957
PARTICIPANT
April 22, 2025 at 4:46 amIf the buyer is wise, he will ask for NOC from all shareholders-
FFiercesampada3166
OP
April 22, 2025 at 1:28 pmWhat if all deliberately deny to sign it? As they all don’t want us to take our share in the plot.
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EEpicthinker5707
PARTICIPANT
April 22, 2025 at 8:40 amThatβs basic bruh. If the buyer has a lawyer who isnβt dead, he will ask for NOC-
FFiercesampada3166
OP
April 22, 2025 at 1:24 pmThe problem is that others dont want us to take any share in that. If we leave that they will be happy. If we try to sell it, they will not sign noc. We also tried to divide the property by arranging a meeting of all shareholders, but they willingly didnt come.
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