How to proceed with sale of jointly held property Property in grandfather(mother's father) name, he died 40 yrs ago after that it come to grandmother she also died in 2010. She before dying made will that property be distributed in 3 equal shares one to me her grandson, my uncle(mother's elder brother), my aunt(mother's elder sister). I and my uncle want to sell the property but aunt is creating trouble for both of us by taking objections in property sale even though she gets her share of money after sale. She is not prepared to buy the house from both of us. She is not agreeing even for transferring the property ownership from grandfather's name to living survivors names.The house property original papers are lost, we both explained to aunt to come to sign for duplicate papers in society meeting, she's not agreeing for that too. The will of my late grandmother clearly states if 2 parties are agreeing they are in majority therefore 3rd party will have to agree. I and my uncle want to sell property urgently but don't know what to do
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1) apply for probate of grand father will
2) probate is judicial proof that will is genuine
3) then apply to society for transfer of flat in name of beneficiaries mentioned in will
4)you can file suit for partition for division of property by metes and bounds
5) under section 44 of transfer of property act co owner can sell his share without consent of other legal heirs
1. There is no legal hindrance to sell a joint proeprty.
2. So if your aunt is not ready , you and your uncle can sell your undivided joint 2/3 rd share in the property to a person who is ready to purchase the same.
3. Another option is to file a suit for partition and claim your respective share.
You both are free to sell your respective share in this property without her consent. If she's not giving bher consent. That's because you need no one's consent for selling your respective shares.
Otherwise, you may file a suit for partition and after the property is formally divided into 3 separate parts by metes and bounds, each one of you is free to sell one's own share, without seeking any kind of permissible from the other.
Send a her a legal notice in the matter .
Hii, you can transfer / sell your part of share in the property .. If your aunt is not agreeing to the proposal you cannot force her to sell her part.. However you are free and have legal right to transfer your share..
how to send aunt legal notice
Contact any lawyer for issue of legal notice to aunt
You can appoint one of the lawyers from this forum who may help you in sending a legal notice.
Regards
If the property belonged to our grandfather and he is reported to have died intestate, then your grandmother cannot become an absolute owner to the property in any manner, She cannot have marketable title to the entire property.
She can bequeath only her share of property by a will to the named beneficiaries.
Since her will itself confirms that her another daughter also shall be entitled to a share in the property then if your mother is not living, all er legal heirs along with your uncle can file a partition suit against your aunt after which you can sell your shares independently of jointly.
You cannot sell the share of your aunt at your whims or at your design.
how to send aunt legal notice
You can consult a local lawyer and issue and cause to issue a legal notice on your instructions.