Can I sell part of my ancestral property that has not been divided ?

Community Forums Legal Advice India Can I sell part of my ancestral property that has not been divided ?

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    • #10300 Reply
      Fiercesampada3166
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        Fiercesampada3166
        PARTICIPANT
        April 22, 2025 at 3:37 am
        So 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.

      • #10303 Reply
        Supergowri8151
        Participant
          S
          Supergowri8151
          PARTICIPANT
          April 22, 2025 at 3:49 am
          Undivided 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

          • #10306 Reply
            Fiercesampada3166
            Participant
              F
              Fiercesampada3166
              OP
              April 22, 2025 at 1:27 pm
              Dimensions 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.Β 

              Also , 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.

              • #10307 Reply
                Supergowri8151
                Participant
                  S
                  Supergowri8151
                  PARTICIPANT
                  April 22, 2025 at 4:51 pm
                  Exactly, then it goes to court for 15-20 years and your buyer will be at loss

            • #10302 Reply
              Supercharu1957
              Participant
                S
                Supercharu1957
                PARTICIPANT
                April 22, 2025 at 4:46 am
                If the buyer is wise, he will ask for NOC from all shareholders

                • #10305 Reply
                  Fiercesampada3166
                  Participant
                    F
                    Fiercesampada3166
                    OP
                    April 22, 2025 at 1:28 pm
                    What if all deliberately deny to sign it? As they all don’t want us to take our share in the plot.

                • #10301 Reply
                  Epicthinker5707
                  Participant
                    E
                    Epicthinker5707
                    PARTICIPANT
                    April 22, 2025 at 8:40 am
                    That’s basic bruh. If the buyer has a lawyer who isn’t dead, he will ask for NOC

                    • #10304 Reply
                      Fiercesampada3166
                      Participant
                        F
                        Fiercesampada3166
                        OP
                        April 22, 2025 at 1:24 pm
                        The 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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