1) deed of family settlement can be executed for division of property by metes and bounds 

2) no need to file suit for partition 

3) if uncle refuses any mutual settlement your only option is to file suit for partition for division of property by metes and bounds 

No consent require to sell your share. Gift deed dose not include money, better sell your 50% share.

You can sell your 50% share in the house and land to a third party on as is where is and whatever there is basis

There is indeed a provision in the Transfer of Property act which puts a restriction against the co owner of an ancestral property from selling his share in a residential house inhabited by family members

Since the other co sharers have refused to exercise their right of pre emotion to buy your share, your only legal remedy is to file a partition suit by metes and bounds

- As per law, a co-owner is entitled to three basic elements of ownership:

1.Right to possession,    2. Right to use and      3. Right to dispose of the property.

- The co-owner can sell or transfer his portion only when he has exclusive rights to that portion of the property.

- Hence, if you sell your undivided share , the prospective buyer cannot take possession of any specific part of the land unless the same is partitioned.

- Thus, for selling your share , you should try for a Settlement for division of the said property by metes and bound and ask an NOC for the same.

- Since you dont want to approach the Court for a partition suit , hence you should try to enter into a Family Settlement Deed with the other sharer of the property.

- If, you will gift your 50% share to any third party without the consent of othe co-sharer , then the third party will not have specified physical posession of the said property , and this will create hurdle for him and other co-sharer.

- Better issue a legal notice to other co-sharer for partitoin of the same , if he refused to enter into a Family Settlement Deed.

Hello, 

You can not sell your share of the property without a proper partition and hence to sell the property you will have to first file the partition suit. 

Regard s

Yes you can gift the same to a third party but again which area will you gift? 

How will you decide that which 50% belongs to you? 

Regards 

Yes, you can sale or gift deed your undivided share to any one as per your wish. For better legal you can send legal notice to your sister in law to purchase your share of the property.

there is no need to file a partition suit before court. you can executed deed of settlement pls consult a local property lawyer. 

yes you can gift or sell your share without consent. 

You can sell your property share That is 50%  without consent from your brothers wife and daughter.

But you should send them a written intimation for settlement of property share and offer them to buy your share as you are in need of money if they refuse to settle or dont reply to your letter you should go ahead with sale to third party. 

You can relinquish your right snd take money. 

1.  Selling /Buying /Gifting of any "un-partitioned" shall be a prosecutable offence and shall result in criminal /civil disputes.  However the same can be legally sold /purchased /gifted to a joint co-owner.

2.  Even though it might be lengthy, you would get a favourable order in a partition suit, PROVIDED the property can be partitioned, via a survey & demarcation. 

1. Will that is not probated, where probate is mandatory, has scrap value.

2. The share of your elder brother has further devolved on his widow and daughter equally.

3. You can file a suit for partition to cull out your share in the property through separate possession. You cannot sell the undivided share in the property and put the buyer in possession thereof.

4. Apply for probate of will if probate is mandatory in the city where the property is situated.

1. if the property is still in undivided state and you want psychical demarcation of it , then you have got legal rights to do so by way of partition deed.

2. In the context refusal of your sister in law your only option is to do this through the court of law.

3. Now to divide the property by metes and bounds you need to file a suit for partition whereby you would get your due share fully demarcated.

4. there is no legal bar to transfer your undivided share. 

You can sell/gift  your share in the property subject to followng limitation.

the property being a dwelling house a stranger transferee not being member of the family  shall acquire as to such share or interest to give effect to the transfer , but shall not have any right to joint possession or other common or part enjoyment of the house except to claim partition.

In respect the stranger transferee shall have the right to joint possession of and to claim partition of the land.

The property should not be ancestral.

Without a partition deed or filing a partition suit, you cannot identify your share in the property, hence you cannot sell your share of the property to the prospective buyer.

You should have started the process long back, even now it is not late, hence you better file a partition suit and start the process, the court pressure may prompt her to come for a compromise and you can go for an amicable partition.

You cannot execute any registered transaction in respect of the property which remains undivide, she may obtain an order of permanent injunction then you will not be able to sell the property in another 10 years time also.

Instead, you better file a partition suit and seek separate possession of your share in the property.