You can sell your share in property without consent of other legal heirs
Under section 44 of transfer of property act co owner can sell his share without consent of other co owners
Selling ancestral property
My father built a house in the 50s and for good reasons transferred ownership to an HUF of which I was the Karra with 3 coparceners. This property did not feature in his last Will and Testament. After living abroad for many years I returned to India 2 years ago and found that some second and third level descendants had got the property declared intestate and 'registered' 14 owners! I contested the mutation in a law court but could not produce acceptable proof of HUF. I now want to sell this property for my medical treatment - am 75 years old and a cancer patient - but 5 of the 14 with about 30% share are obstructing in the hope that I'll soon die and their proportionate share will go up. Do I have a quick legal recourse?
Asked 7 years ago in Property Law
Religion: Hindu
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11 Answers
Firslty, Sir, as per the of inheritance, any property which has been come to you irrespective of the fact that the same property was anscestral or self acquired if he father would come into the category of anscestral property.
Secondly, as the nature of the present property is also of anscestral then no one can’t use it as a whole without the consent and NOC if others.
Thirdly, I advice you to go in appeal, and contest the same on the ground what I have stated in the above points.
Dear Client,
If property is No proved HUF ( it could have through father I T returns ), than it will inherit him you and siblings, which is more better thing. second and third level descendants have no claim.
Is there any great grand children ?
My father had 7 children, of which are 3 are deceased. I am the only male and there are 3 sisters. All very old and infirm. I am 75 and suffering from cancer. Four of us are very eager to sell as soon as possible. There's the widow of one of my brothers who is well taken care of and in no hurry to sell her share, 7 grandchildren (1 deceased) and 2 great-grandchildren. The HUF claim has been denied by the court. There are no IT Returns available since my father died in 1984 and there are no records at the ITO. According to Shri Rajawat's opinion only I and my sisters will be inheritors. Is this correct? According to Shri Sethi we can sell our shares but difficult to find a buyer for 4/7 of the property. Shri Baniwal suggests going into appeal, but we are all in poor health and can go any day! We need the money now...I for my treatment and my sisters for nursing care at home. The grand and great-grandchildren are however in no hurry and just waiting for us oldies to die!
Asked 7 years ago
Better sold the property and distribute the consideration acc. to share holding. Suppose partition was effected at the death of father so, 1/7th share each.
If no partition assume at the death of father, than property would acquired ancestral status than great grand child shall also have right.
There is no legal impediment or infirmity to sell the undivided share of co sharer in a joint property.
So technically any of the willing co sharers can sell their respective undivided share if the buyer is found.
Once the buyer purchases the undivided share of few co sharers he can file a suit for partition u/s 4 of the partition Act and can get demarcation and separate possession.
So under the circumstances I find this the most suitable option.
File suit for partition for division of property by metes and bounds
2) seek expedited hearing as you are senior citizens
3) court would direct property to be sold if it cannotbe divided
1. You shall have to file a declaratory suit claiming absolute inheritance of the said property of your father alongwith other 1st class legal heirs of your father, if any, duly challenging the inheritance claimed by those class-III legal heirs of your father. Since you do not have the proof of having the HUF, it will not be prudent on your part to mention about it.
2. If the lower Court delays in deciding on the matter, file a writ Petition before the High Court praying for a direction upon the lower Court to decide on the matter with a fixed time frame like 3 months since you have been suffering from cancer and require to sell your share for your treatment.
1. All the 7 children of your late father will equally inherit the share of the property of your father, since deceased.
2. Since 3 out of the said children are dead now, their legal heirs will step in to their shoes as their of their shares.
3. You can sell off your share of the property legally and that will be the best and quickest way to deal with your problem since you can not compel other legal heirs to sell off their inherited share of the property.
4. Since the others are also bonafide legal heirs of the original title holder of the said property, no appeal seeking their agreement to sell their share will have any legal leg to stand.
You can get the case transferred to fast track court owing to your senior citizen status and your medical ailments.
You can get the case tried expeditiously through the fast track court for the above reasons.
Since you have approached court seeking your share in the property, it is for the court to decide about your rights in the property.
Dont be worried about the negligent attitude of the descendants/shareholders.
You fight it out legally.
ASs suggested earlier you have to go by the court in the trial proceedings. You are no doubt entitled for a rightful share in the proeprty, however if you can find a buyer to buy your undivided share in the proeprty, you may sell it, then he will step into your shoes seeking partition and separate possession of your legitimate share in the proeprty as one among the shareholders.
Hi,
In the present situations, you may sell your share of property.
