It is a muslim property on the name of my parents who passed away leaving behind no will and we are 3 brothers and 5 sisters, I'm one of the brother among them, Me and one of my sister which 2 out of 8 legal heirs doesn't wants to sell the property where as the other 6 people are ready to sell the property which is not divided i mean there is no partion suit of the property so i want to know whether they can sell the property to the buyer individually and can a buyer register the property individually and also if they sell the property can any legal action be taken against me and my sister who is unwilling to sell the property? please let me know
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1. without partition all the legal heirs having joint possession over the property.
2. definite share of each legal heir is not defined. hence property cannot be sell without defining accurate share.
3. indefinite title cannot be given by executing sale deed.
4. you should initiate process for partition thereafter decide accurate share of the heirs.
1. The co-owners can sell the property even if it is undivided but in the absence of division the definitive share of every co-owner is not identified, so the co-owners/heirs who do not wish to sell the property may file a suit for permanent injunction against the other co-owners to restrain them from creating third part rights in respect of the property.
2.. Any legal heir is at liberty to file a suit for partition to cull out his/her share by metes and bounds.
1) under section 44 of transfer of property act co owner can sell his share without consent of other co owners
2) purchaser can file suit for partition for division of the property .by metes and bounds
In the Muslim inheritance the actual share of any individual or successor in interest can be ascertained only after the partition is effected hence it would not be advisable to buy or sell the undivided share in the joint property.
If the other shareholders are trying to sell the undivided share of their properties, you may file an injunction suit seeking to restrain the defendants from alienating or encumbering the property in manner and also for partition of the jointly held properties,
now the other 6 legal heirs have sold the property to the buyer and the buyer also has the encumbrance certificate with him, what should be our next course of action, what is the legal action that the buyer can take against we 2 legal heirs, what is the best solution for us? is it advisable to take money and leave or can we do something to undo this sale and if we want to stay in the property what should we do to stay in the property?
buyer will file suit for partition for division of property by metes and bounds
2) it is better to take money and leave
3) if you want to stay in the property divide the property by metes and bounds
If you have not sold your share in the property to the buyer, he cannot touch your property for any reason.
If the buyer indulges in excesses then you may file an injunction suit against the buyer and all those people who sold their shares to him.
If you want to sell your share of property then you can do that but there is no compulsion in you to do that.
If you do not want to sell yor share of property, you can refuse to do so if they aproach and can remain in your property, he cannot do anything against it.