Dear Lawyers, My father in law has a residential property in Nagpur, which is co-owned by this brother. Unfortunately my father in law's brother is not between us. All these years(approximately 30-40), my father in law has been upkeeping the property by paying tax and his brother or his family has never visited the property even once. Now that the property is old, they would like to sell the property off. we are trying to contact my father in laws, brothers son but he is not answering the call, which is further delaying the process of sale. May I request your expert advice on this issue. Can we go ahead and sell the property and share the sale proceeds? Do we need his son's Power of attorney? I am not sure if my father in laws brother has executed any WILL on this property. Please advice.
Asked 2 years ago in Property Law from Nagpur, Maharashtra
1) on demise of your FIL brother his share would devolve on his wife and children
2) your FIL can under section 44 of transfer of property act at most sell his share in property
3) it is better your FIL files suit for partition for division of property by meets and bounds and then sell his share
4) share of FIL brother cannot be sold without consent of his legal heirs
Thank you Mr.Ajay. Unfortunately, all our try to contact them is unfruitful. Neither they respond to mails or phone calls. My FIL's sister in law is also old and not sure if my FIL's brother has executed any will. Can we send a notice via the lawyer to them, to attend a discussion on taking further decisions.
Asked 2 years ago
1) your FIL can send a legal notice for partition of property to his brother legal heirs
2) if no reply received file suit for partition
You should send a notice to them calling them to come forward to sell the property.
without the legal heirs or the representatives by means of POA or any other title like, deed of gift or WILL , you will not able to sell it.
The notice can be addressed t the legal heirs of your grandfather's brother .
In case any WILL or gift , you will come to know about that as well
Proceed in the court and file a civil suit for division of the property, if the opposite party agrees , sale and divison of proceeds can be done as part of the settlement.
Since this was a jointly owned property, your father in law will be having only 50%share inthe property. Ofcurse he can sell his undivided half share in the property to a third person without anyone's cnsent but it it is always better to sell the well demarcated property.
Therefore he can issue legal notice to the heirs of his deceased brother asking him to participate in the peaceful process of partition and settle with an amicable partition to get his shares, if there is nor response your father can file a partition suit and then by the decree of court, he can acquire the half property.
1. The property stands in the joint names of your father in law and his brother,
2. Even if they never visited the place and your father in law maintained the property, his brother or his legal heirs stay as co-owner of the said property without whose signature as co-vendor, the said property can not be sold,
3. If your father in law's brother has demised intestate, his legal heir/s, will own his share of the property,
2. You shall have to take POA from all his legal heirs for selling the said property.
1. Lawyer's notice for having a discussion for selling the property may not be responded by them for which you won't be able to force them to come for the discussion,
2. You should visit them and discuss the matter cordially,
3.If there is no application for and grant of a probate of the will of your father in law's brother,then the said will, if any, has no legal value to bother about.
1. Your father-in-law being a joint owner can sell only his share in the property. He is not authorized, in the absence of a POA executed by the legal heirs of his brother, to sell the entire property.
2. The sale of the entire property by your father-in-law without authorization from the heirs of his brother will be illegal.