If it is joint property held by 4 brothers, which was not partitioned yet (as you have mentioned), then it was legally not correct on the part of the elder brother to sell it to someone without taking the consent of other 3 brothers. What to do now? Well, in case other 3 brothers merely want the share of the sale proceeds, you can talk to the elder brother; if he is willing to share the sale proceeds, then take it and settle the matter amicably. Otherwise, you may file a case to declare the sale deed null and void since it did not have consent of remaining 3 joint owners; and, also, you can ask for partition of the property.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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