Can I sale my father's land if my uncle is against for sale?

In 2009 my grand mother passed away leaving 3 story building . She has 3 sons and a daughter as legal heirs. The daughter gifted her portion to her 3 brothers in 2009. After 2009 the 3 brothers started living in each floor with their family. My father who was middle son living in ground floor . My elder uncle living in 1st floor, My younger uncle living in 2nd floor. In 2014 my father's business collapsed and he had huge debt and loans. So my father wants to sell the ground floor but my elder uncle disagreed to give his consent . As the property is undivided or the partition has not done on paper , partition has only done verbally. My father started working as security guard and I started to take private tuition to clear all the dues and loans. we don't have money to file a partition suit. My father health deteriorated in 2022 November my father passed away due to heart attack. Now I want to sell my property and my uncle still not letting us to sell our share of property .

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Advocate By LEAD INDIA Answered: 15 Sep 2023

The property is undivided and your uncle is not consenting to the sale, you may need to file a partition suit in court. If you cannot afford to file a partition suit, you may want to try to negotiate with your uncle, If you are unable to negotiate with your uncle, you may want to consider contacting a legal aid organization. Legal aid organizations provide free or low-cost legal services to low-income individuals. Contact us for further enquiry.

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