We(My father and my mother) and myself live in our ancestral property along with my uncle's family. After the passing of my grandparents, by succession the inheritance of the undivided property was passed to my two aunties, uncle and my father. Now my aunties have sold their share of the undivided property to us at which my uncle claims that the registered sale deed is invalid because it does not take his approval before transferring it to my father and hence its invalid. Now the portion that my aunties have sold is being forcibly being occupied by my uncle's family. I stay outstation and am under tremendous mental pressure for the treatment meted out to my parents. My questions are, 1. Is my Uncle's claim that his consent needed to be taken to buy my aunties undivided property share bear any substance? 2, What can be done regarding the forceful occupation by my uncle's family in the portion that we have bought from our aunties? 3. we have no mutation in the property nor a partition deed before buying the undivided share. Would this be a hindrance? 4. how can i stop constant threat to my parents being arrested by the police be stopped because my uncle's son works in the police station as a civil guard ? 5. i need protection for my parents from such threats. Please help! 6. Can i sell our portion of undivided share(75%) to a third party without a partition suit. What are the steps to sell?
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1. No the claim of your uncle has no force in lse. To sell share of one co sharer to another, permission of other co sharer is not required at all.
2. File a suit for declaration and for recovery of possession.
3.No, those are not mandatory.
4. Lodge complaint with police against them for criminal intimidation and threat.
5. Do as stated above.
6. Yes, you can. There is no legal hindrance.
1) under section 44 of transfer of property act co owner can sell his share without consent of other co owners
2) your uncle consent was not necessary for sale of property
3) file suit for partition for division of property by metes and bounds
4) seek injunction restraining uncle from disturbing your possession of the house
5) you can sell your 75 per cent share in property
I want to know the process involved in to file a suit for declaration and for the recovery of possession . How much should it cost and the time for its implementation?
1. Your aunts can sell their undivided share in the property to your father or anyone.
The other co-sharer cannot object to this.
Well it is still not certain that which portion of the property belongs to your aunties hence your father has to file a partition suit against his brother to claim his 1/4th share share as well as the shares of your aunts which he has purchased vide a registered sale deed document.
Your uncle's claim that his permission was not sought to buy/sell this share of property is not maintainable in law.
2. You have to file a partition suit and seek partition and separate possession of your rightful and legitimate share in the property and if necessary you may file a an application before court to appoint an advocate commissioner to inspect the property, divide into such equal shares as per each individual's entitlement and submit his report recommending the allotment of your father's share accordingly.
3. Mutation and partition can be done now, i.e., even after purchase of the undivided share, there is no legal infirmity in it.
4. The police will not interfere in the civil matter until you people indulge in violent activities or quarrels turning into assaults.
5. You may lodge a complaint against them if they are indulging into any excess activity against you people.
Your uncle's son cannot influence the higher police officer, if you approach one seeking his intervention if this guard plays any mischief..
6. Your father can sell his undivided share including the share he purchased to the buyer who be willing the same as it is.
I want to know the process involved in to file a suit for declaration and for the recovery of possession . How much should it cost and the time for its implementation?
A suit for declaration may not be maintainable, but a suit for partition can be filed seeking partition with metes and bounds and allotment of his 3/4th share in the property with separate possession.
The time taken for disposal cannot be predicted and the cost involved including court fee may be enquired from a local lawyer.
You have to file suit for partition of property by metes and bounds
To direct uncle to vacate your share of property
Suit would take 15 years to be disposed of
Legal fees vary depending upon lawyer engaged by you
In continuation, what is the meaning of "Undivided" in a joint family house? What stops a person from entering another person's bedroom in an undivided house at will although there is no physical demarcation? In the context of my undivided house, my uncle did not use my aunt's section of the house when it was in their possession and now after buying my aunt's 2/4th share in the property by a registered sale deed, my uncle is forcefully occupying the bathroom and adjoining passage and rooms to claim his right. Can you please suggest ways to seek our right to claim of rightful possession which was enjoyed by my aunties before the sale? What are the steps needed?
Undivided share means each co-owner has unrestricted claim to the the entire property but no co-owner has exclusive claim to any part of the property.
2) since there is no physical demarcation there is no exclusive right to enjoy part of property
3) file suit for partition for division of property by metes and bounds
Undivided means the property being shared by many is under joint possession of all without partition.
If your aunt had sold her undivided share then the buyer can seek partition and also occupy the portion of the property which was in possession of the seller till a proper partition takes place legally.
You can approach court to claim your rights.
If you have share in the undivided property you may file partition suit along with a petition seeking interim injunction against the buyer restraining him from interfering with your possession and enjoyment of the property till the disposal of main suit.