What legal remedy if co-owner registers land without partition?
If a distant relative has registered their share of land in their own name without a formal partition agreement, taking the roadside portion and leaving the remaining co-owners with the rear portion, what legal remedies are available? The land has already been registered, and we have filed an objection against the mutation. What steps should we take next?
Under Indian law, a co-owner of an undivided property has no legal authority to convey or register a defined or earmarked portion of the property, such as a roadside strip, in the absence of a lawful partition by the metes and bounds. Although a co-owner may also transfer their undivided share in the joint property, they cannot assert exclusive title or ownership over any kind of specific part until a formal partition is carried out in accordance with law. In case of further queries, please do not hesitate to contact us. Thank you.
Dear Client, File a suit for cancellation of the sale deed along with a suit for partition. The suit for partition is filed to claim your rightful share over the property. You can also initiate an injunction petition to get an injunction on the sale deed to prevent further alienation. You can also include the buyer as a party to your suit to get better justice. I hope this was helpful. For further queries, please do not hesitate to contact us. Thank you
If land was registered without a lawful partition, you can file a civil suit for declaration and cancellation of the sale deed, along with a partition suit and injunction to stop further transfer. Continue pursuing the mutation objection before revenue authorities. Registration does not override co-ownership rights. Seek interim stay from the civil court at the earliest. For further legal assistance contact us on our helpline number.
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