• Claim of property having multiple heir

My grandfather has 8 siblings. His deceased father had purchased a plot and made all his children as owners jointly without dividing the piece of land. Most of my grandfather's brothers have become bedridden, seriously sick or mentally invalid. Their sons and daughters are scattered and settled in different places. My grandfather wants to sell his share of the land. The land is having my grandfather's father ancestral house and one of the brother is staying there. There is no legal dispute over the land. But only issue being it having joint heirs who are separated over distant areas. Please advice
Asked 10 days ago in Property Law
Religion: Muslim

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19 Answers

If you and your brother could manage to get together all siblings and prepare relinquish deed so you can first get property transfer on you name legally than can sell it easily.


That is only practical solution get relinquish deed. Than you tell me you are going to prove all other people are alive or not which are not staying there and out of station or out of country.  After providing you any false decision tomorrow those people may come back and file case against you than again you are going to blame us.

 

If you still want to sell the ancestral property,  at-least you have to take POA of all those people whom soever name is appearing on property family tree. You can't deny their share. 

 

Here you can go for redevelopment procedure and take POA of all those siblings. Those who are staying Abroad kindly take their POA from Indian Embassy who is sitting in particular country.

 

 

Ganesh Kadam
Advocate, Pune
10115 Answers
89 Consultations

4.9 on 5.0

1. Your grandfather has an undivided 1/8th share in the property, which he can sell to anyone he desires.

2. However, as the share is undivided the buyer cannot get the possession of the share sold to him unless he files a suit for partition and the property is divided through metes and bounds.

Ashish Davessar
Advocate, Jaipur
29496 Answers
847 Consultations

5.0 on 5.0

1. The grand father may file a suit of partition to divide his share and for possession of same if property cannot be physically divided the court may order to auction property and divide proceeds.

The grand father can also sale undivided share though buyer may not agree for that as he has to go file suit for partition and possession.

Shubham Jhajharia
Advocate, Ahmedabad
24894 Answers
98 Consultations

5.0 on 5.0

1. There is no harm in selling undivided share of a co sharer from a joint property. 

2. However though the purchaser gets a clear title but till the undivided share is partitioned which can be done by a mutual deed of partition or through the court by filing a suit for partition. 

Devajyoti Barman
Advocate, Kolkata
20197 Answers
286 Consultations

5.0 on 5.0

Partition suit is only the remedy available for which once all the legal heirs has to be present to sign the petition later on they can arrange as per their convenience.

Koshal Kumar Vatsa
Advocate, Gurgaon
1977 Answers
1 Consultation

5.0 on 5.0

1. Joint Family Property CANNOT be sold without conducting mutual understanding and executing a Partition Deed, signed by all the residual legal heirs of the original Title Owner.

2. Persons are are not available for registration can delegate Power of Attorney (POA) to a selected available person, who can then represent such absentee persons for all futuristic legal purposes.

Hemant Agarwal
Advocate, Mumbai
4655 Answers
23 Consultations

5.0 on 5.0

Your grandfather has one month share in land 

 

2) he can file suit for partition for division of property by metes and bounds 

 

3) seek expedited hearing as he is senior citizen

 

4) in alternative sell his undivided share in land 

Ajay Sethi
Advocate, Mumbai
75798 Answers
4532 Consultations

5.0 on 5.0

1. Your Grandfather and his siblings have to enter into a registered Partition Deed, wherein each person's share is equally demarcated for separate possession of the property. In case of sick siblings or of mentally unstable, their children can execute the document, alongwith the grandfather and his other siblings.

2.  After executing the partition deed and getting his share of the property mutated in his name, your grandfather can sell the property.

Shashidhar S. Sastry
Advocate, Bangalore
2774 Answers
165 Consultations

5.0 on 5.0

You will need noc and consent of all to sell such land it can be sold after that

Prashant Nayak
Advocate, Mumbai
19636 Answers
35 Consultations

4.4 on 5.0

Dear Sir/Madam,

You are suggested to first get the partition done of the property way of partition deed and then sale. Otherwise, if may create the conflict among the members.

 

Ganesh Singh
Advocate, NEW DELHI
4938 Answers
9 Consultations

4.5 on 5.0

Any Joint owner can sell his share. No prohibition nor NOC require from other owners.

Yogendra Singh Rajawat
Advocate, Jaipur
19328 Answers
25 Consultations

4.5 on 5.0

- Since, the said plot was divided by your great grandfather , hence each one is having his 1/8 th share legally. 

- Further each one is having his right to sell his respective share , as after getting share , the property become self acquired property of each of them. 

- Further , if the property is joint property , then also one can sell his respective share legally. 

- However, they should divide their respective share after executing a Family settlement deed , before selling his share . 

- If not agree for a settlement deed , then your grandfather can file a suit for Partition before the court. 

Mohammed Shahzad
Advocate, Delhi
3303 Answers
39 Consultations

5.0 on 5.0

Please approach civil court for partisan suit amongst all legal heirs for proper action and distribution of property as per merits of the case.

Ramesh Pandey
Advocate, Mumbai
514 Answers
1 Consultation

5.0 on 5.0

File a suit for partition..

This partition suit will make all of them or their representatives to appear in court.

Rahul Jatain
Advocate, Rohtak
3287 Answers
4 Consultations

4.9 on 5.0

He can file a partition suit and claim separate possession of his legitimate share in the proeprty.

After getting court decree he can get his share of property registered on his name through court

T Kalaiselvan
Advocate, Vellore
65774 Answers
858 Consultations

5.0 on 5.0

there is no concept of ancestral property among Muslims.your grandfather is at liberty to sell his share in property during his lifetime. 

your grand father can file partition suit and claim his share. 

Mohammed Mujeeb
Advocate, Hyderabad
16464 Answers
11 Consultations

4.5 on 5.0

Get the help of the Civil Engineer to demarcate the property into equal portions and allocate each portion to each of the heirs.

Accordingly, your grand father will be allocated one such share, as such, he can deal with that as he likes, he cannot Will entire property but can Gift.

Before going ahead with above, inform all the owners in writing / letter / message / WhastSapp / email have record of the same and proceed.

S Srinivasa Prasad
Advocate, Hyderabad
2291 Answers
7 Consultations

5.0 on 5.0

If your grandfather have original saled deed in which he is joint owner of the property then he doesn't need anyone else to sell his share from the property.

 

Mohit Kapoor
Advocate, Rohtak
8662 Answers
3 Consultations

5.0 on 5.0

1. First of all your grandfather shall have to partition the property by diving and demarcating his share of the jointly held property either by registering a partition deed signed by all the legal heirs of filing a partition suit and getting his share divided and demarcated by Court appointed commissioner.

 

2. Once his share is divided and demarcated, he can sell of the same.

 

3. Before selling his share to a third party, he shall have t offer his share to be sold to the other share holders/legal heirs at the same price he is being offered by the third party and in case none of them buys the same, he can sell his said share to he third party. This is called preemption.

Krishna Kishore Ganguly
Advocate, Kolkata
24261 Answers
669 Consultations

5.0 on 5.0

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