Brother and purchaser threatening over unpartitioned share of land

[Anonymous]

Myself and my brother have one half share each in a house property. Our shares are yet to be partitioned. My brother has sold his share (which is still unpartitioned) to a third person. They are now forcing me to sell my shares also to that person. I do not have any intention of selling my share to that person and my brother never took my consent for selling his unpartitioned share. Now both of them are forcing me and threatening me off ill consequences and dispossession if I do not sell my half share to that person. Why should I do in these circumstances?

[Dr. Ashok Dhamija]

The options before you in such a situation are as under:

• Filing an appropriate civil suit.
• Filing a police complaint of threats given to you, or of any offence committed by them depending on facts of your case. In addition to registration of offence, if any, committed, the police may also initiate proceedings for obtaining security from them for keeping the peace under Section 107 of the Cr.P.C.
• Filing a complaint before the Sub-Divisional Magistrate / Executive Magistrate under Section 145 of the Criminal Procedure Code, who have the power under that section to issue order in urgent cases of nuisance or apprehended danger. In fact, in a similar situation, in the case of Devendra v. State of U.P., (2009) 7 SCC 495, the Supreme Court has held that if any cause of action arose by reason of a threat of dispossession at the hands of the co-sharer or at the hands of the third party, recourse to legal action could always be taken and even a proceeding under Sections 144 and 145 Cr.P.C. would be maintainable.

     

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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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