• Selling of joint property

There is a property in the name of grand father. Grandfather is no more.
Grandfather has total 5 sons along with my father.
One of my uncle is currently residing in the property and do not want to sell it.
4 sons of grandfather want to sell this property as early as possible.
What are the legal rights of 4 sons?Can they sell property since they are in majority 4:1? Is there any special law for it?

Also we can not divide the property into 5 parts since it is a single room.
Asked 6 years ago in Property Law
Religion: Hindu

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19 Answers

Your father and his siblings can sell their undivided share in property without consent of uncle 

 

offer uncle first option to buy  the property 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Since the property is not practically divisible, file a suit seeking order for sale instead of partition , and distribution of the proceeds.

This is the only way .

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

They can sell their share. All have 1/5th share each. Later purchaser can file partition suit. If it is a single room, than file partition suit. Since partition is not possible, court will order sale of property and distribution of sale amount equally.

Court will grant him first right to purchase, if he dose not purchase, than can sell it to third person. .

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

The remaining 4 sons can sell there undivided share in the property. See they are absolute owner of there share and can freely sell it.

Though if single room and share cannot be sold file partition suit before court since it cannot be sold court shall auction and divide proceeds.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

In this case being a joint property individual share holders can only sell their respective shares only and not the complete property. Only after valid partition the individual share will be determined. If any person sells the same the others can go to court and get stay order or challenge the sale deed

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Suit would take 15 years to be disposed of 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

It will not be maintainable as you are not Exclusive owner. Still you can execute sale deed of only your property share

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Dear Sir

What do you want a share in property or a share in the share proceeds. If you want a share in the property you can file a suit of partition. Otherwise if u want a share in share proceed then you may inquire about the market price of the property and see as to whether your co-owners are actually selling the property for that price or not if not then you can take an objection for the proposed sale as the will not take place without your consent. No need to sell the property at those 6 co owners rate.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

There are three options:

 

Ask the possession Uncle to purchase other legal heirs share and pay them amount. 

Or ask any other legal heir are interested to purchase house and pay the amount to all and take the possession.

 

Or take the possession of the house and sell to third party.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear 

1. You cannot sell the property or share from that property without official doing partition of that property.

2. So you have to file suit for partition of property among legal heirs of grand father. 

3. The suit will take atleast 3 to 5 years to dispose.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Since one of the shareholder is not agreeing for selling the property or not cooperating with the other shareholders to buy their shares in the property, the next best thing you may have to do is to file a partition suit seeking partition of your share in the property and if it is not possible or feasible to partition the property then to bring the entire property to public sale and distribute the sale proceedings among the shareholders equally as per their entitlement.

You may approach an advocate in the local and try to file a partition suit, no doubt it may take years to get disposed, but this pressure may bring your reluctant uncle to a compromise platform  which may solve the issue at the earliest.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Any suit filed before court shall take at least three years to get disposed.

The suit for sale of property will be faced with stiff resistance hence it would be better that you file a partition suit with an alternative prayer to sell the property.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

See it can take years to settle the partition suit.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. They can sell the property but if it is a dwelling house then buyer cannot get the possession unless he files a suit for partition and the court divides the property through metes and bounds.

2. Alternatively, a suit for partition can be filed in the competent civil court by 4 brothers and the court can direct the sale and division of sale proceeds.

3. It will take months for the court to pass an order.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Suit takes time, have to file partition suit.

 

 

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

you need to file a partition suit in the court for the same.Being the legal heir son have all the rights to the property as much as other brothers. A partition suit is a civil suit and you need to send a legal notice before that .

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

A partition action is a standard civil case. The court usually handles such matters within 2 year to 3 years. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

1. You can not sell the said jointly held property without the consent of all the co-sharers.

 

2. You can file a partition suit and get the property partitioned by metes and bounds and then sell it to the third party. If the said property is not partible, then sell of all of yours undivided share to the third party only after offering to sell the same to the unwilling uncle at the same price offered by the third party. You can also offer to buy his said share at the circle rate.

 

3. Probably the said third party will negotiate with your said unwilling Uncle to purchase his undivided share of the property also.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

1. It might take at least 2 to 3 years to get the said suit disposed of.

 

2. It will be better to sell your undivided share to the third party after offering it to your said Uncle as suggested in my earlier post. 


1. It might take at least 2 to 3 years to get the said suit disposed of.

 

2. It will be better to sell your undivided share to the third party after offering it to your said Uncle as suggested in my earlier post. 

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

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