Scenario from India : One house, with three legal heirs after the death of the father. Two children (referred to as Party A) from 1st wife, one from the second wife (party B). One of the heirs is not cooperating for any proceedings. How do we proceed or sell the property? 1. Legal heir certificate? but no guarantee of selling since they are uncooperative 2. Partition deed? But how do we sell the house? 3. Can party A, sell/gift their share to a real estate firm, to save the headache of selling and dealing with party B Looking for option with least headache and trouble.
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File suit for partition for division of property by metes and bounds
2) if property cannot be divided court would direct sale of property abd sale proceeds be divided among legal heirs
3) you can sell your undivided share in property but may not get market price
Only if all the legal heirs concur, a sale deed can be executed without delay. Otherwise there is shortcut except seeking partition of property, divide the property and than proceed to sell each separate share. All other ways are futile exercise.
Upon intestate death of the property owner, his properties shall devolve on all his legal heirs/successors in interest.
If one of the legal heirs is not willing or cooperating with others for selling the property then the others may file a suit for partition before court for dividing the property as per succession of the personal law and for separate possession of their legitimate share in the property.
After that the other legal heirs can sell their share in the inherited property.
If the reluctant legal heir is not willing for the arrangement and is filing a suit for injunction then the other parties may be restricted to sell their share in the property without court order or proper partition among themselves.
Hence you may arrange for an amicable partition of proeprty instead of insisting on selling of the entire property, once a mutually agreed decision is arrived then you can draw a partition deed, get it registered and sell your share conveniently in favor of the prospective buyer.
You can sell your share in the house only possession will be an issue for which you need to approach court
1. You can obtain legal heir certificate or certified Genealogical/Family Tree.
2. To solve the problem, send a legal notice to the non-cooperative 'Party B', for Partition and separate possession of the property by metes and deeds.
3. If there's no response from 'Party B' for the legal notice, file a suit in the jurisdictional Court for Partition, declaration and separate possession of the property by metes and deeds.
4. Party 'A' can sell or gift individual share in the property to a Real estate firm only after (2) above is followed.
Can an apartment be partitioned like mentioned in the answers? After partition how can anyone buy 2/3rd of an apartment?
A apartment cannot be partitioned
court can direct sale of apartment and distribution of sale proceeds among the co owners
If the property is indivisible then the court may bring the property to auction sale and distribute the sale proceedings to the legal heirs proportionately.
Now only you are disclosing it as apartment and earlier you had mentioned it as house property and hence suggested for partition on the above lines.
It can be partitioned through court case or mutually through partiton deed. You can sell the entire house when it is already partitioned. Only respective shares can be sold
- As per law, after the demise of your father intestate , his property would be devolved upon all his legal heirs i.e. from first wife & second wife equally.
- Further, if Party B is not ready for sell the property , then you can partition the property after executing a Partition deed , and further apply for mutation of your share
- Hence, on the ground of mutation , you can sell your share in the property .
- Further, if he not agree for partition of the property then file a Partition suit before the Court after issuing a legal notice to them.
Dear client, If there is will then you guys can inherit and further sell it but if not then file for legal inherent and then further sell it with Vincent of all the heir.
