Question:
There is inherited land with 6 brothers and sisters, but both parents are deceased. Now the elder sister wants to sell her share of the land because she is going for Hajj. Her younger brothers want to buy the land but refuse to pay the market price. They are offering less than half of the market price and are insisting that she sell to them. The elder sister does not want to sell at this price. The brothers are preventing her from selling the land to someone outside the family and are pressuring her to sell to them. Can the brothers sue her if she decides to sell outside? If the elder sister goes ahead with the sale, what legal obstacles will she face? Does she need to do a separate Namjari, Khatian, and Parcha for her own land?
Answer:
1. Can the Brothers Sue the Elder Sister for Selling Outside the Family?
- No, the brothers cannot sue her for selling outside the family.
Under Bangladesh inheritance law, once the parents have passed away, the siblings inherit the land equally. The elder sister has the right to sell her share of the land to anyone she wishes. However, the other siblings cannot force her to sell to them unless there is an agreement among the siblings, which they have not mentioned. The brothers can’t legally prevent her from selling to a third party just because they are not willing to pay the market price.
If the brothers threaten or attempt to block her sale, she has the legal right to proceed with the sale to a third party, and they cannot force her to sell at a lower price.
2. What Obstacles Will the Sister Face in Selling the Land?
If the elder sister wants to sell her share, she may face the following obstacles:
- Consent of All Siblings: If the property is undivided and the siblings are co-owners, the elder sister might need the consent of all co-owners (brothers and sisters) to sell the land, especially if the land is not partitioned. Without a formal partition, selling a share may create disputes, but she can still sell her share.
- Resistance from Brothers: The brothers’ refusal to allow the sale outside the family might lead to tension or disputes, but this doesn’t restrict her from legally selling the land.
- Partitioning the Land: If the land has not been partitioned, she might have to partition the property first. This means the land would need to be divided into separate shares before one sibling can sell their portion.
3. Does the Sister Need to Complete Namjari, Khatian, and Parcha for Her Share of the Land?
Yes, the elder sister will likely need to separate her share legally and obtain the necessary documents before selling. The steps include:
- Namjari (Mutations): This is the process of registering the transfer of property ownership after the parents’ death, so it reflects in her name as a rightful heir.
- Khatian: A Khatian is a document showing the details of the landholder’s rights. It is important to update the Khatian to reflect the current heirs after the parents’ death.
- Parcha: After completing the Namjari and Khatian processes, she can get the Parcha, which is a record showing the legal ownership of the land in her name. This is necessary for the formal sale of the property.