My Dad is 75 years old, with 4 younger brothers (uncles) jointly own a commercial property . Being eldest, my dad took responsibility of buying property, constructing it and also managing the property for 20 years till date. There are 3 other vacant joint properties between my dad and uncles. All are undivided properties. My uncles have been insisting on selling of all properties esp. the commercial property first, but my dad is not willing to sell and gave option to take over the commercial property fully and in return give up rights on other joint properties and also settle the difference in valuation (as commercial property valuation is more than his share in other 3 properties). My uncles did not accept this offer and filed partition suit 2 years back and in the suit has mentioned only the commercial property. Last year, one of my uncle (out of 4) expired and his heirs are wife, 1 son and 1 daughter. My 3 other uncles tried several means (including thru police) to convince my dad to sell the property, but all went in vain. Now, after trying options and since partition suit is also prolonging, the uncles are seeking out of court settlement accepting to transfer their rights to dad in commercial property in return for full payment (for valuation already agreed) but not ready adjust valuation by accepting my dad’s share in other joint properties Negotiations are ongoing. Please need your suggestion on following points 1. In between the negotiation, my uncles are threatening that if we don't accept their condition they will sell their share to 3rd party. Can my uncles Sell (or) give registered POA of their undivided share to 3rd party without my dad's consent. Original sale deed of property is with my dad 2. Since the amount is high. We are insisting on 2 payments- First for 2 uncles in 6 months and other 2 in 1 year. On payment, we are asking 2 uncles’s to transfer share in 6 months and other 2 uncles in 1 year. Can we put a partition deed in 6 months through court splitting the property into 2 half (50% each) with metes and bounds -first 50% (40% from first 2 uncles) will be absolutely owned by my dad and the Second 50% will be jointly owned by my dad (10%) and other 2 uncles (40%) till we make 2nd payment (Reason for doing this is, if we give the other 2 uncles exclusive rights in 2nd part- they will sell it to 3rd party). Is this feasible option to have my dad name in both parts? Or is there any other option to plan in a way keeping my uncles in check and also make 2 payments 3. They are asking to settle for 1 of my uncle with immediate payment in return he will relinquish his rights in favor of my dad. My lawyer says, if relinquishment is done for only one, other 3 uncles will challenge it and it is always better to get relinquishment for all at once. Please suggest 4. Which is safest and better form: Relinquishment deed / Settlement deed / Sale deed- Considering that sale deed is expensive.please suggest Jurisdiction is TamilNadu
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Uncles can can sell their share in undivided property without consent of your father
2) it is not feasible option to have father name in both parts
3) your father can buy out uncle state and he can execute sale deed for his share in favour of father
4) relinquishment deed for relinquishment of share of one uncle operates in favour of all co owners
5) sale deed is best option
The best way is to execute partition deed between legal heirs if not ready then filing partition suit in court
1. They have rights to their undivided share in the property and if any buyer is wiling to buy the undivided share of them then there is no legal infirmity in it, however if there is already a suit pending seeking partition then they cannot sell their share in the property on their own without court permission or without withdrawing the pending suit, your father can obtain an order of injunction against them restraining them from selling their unidentified or share of property.
2. The arrangement or an amicable settlement and the conditions thereon will depend on the mutually arrived decisions, if you are not conversant with the distribution or division or settlement of amount then you can take the assistance of a local lawyer in yor next meeting and can ask the lawyer to interfere and represent your views and the lawful solutions so that there is no ambiguity on that in future.
3. In an jointly owned property, if one of the shareholders is relinquishing his or her rights in the property, then that particular share shall devolve equally on all the other shareholders, therefore the purpose of one person executing a relinquishment deed will be defeated, hence you better follow the advise of your advocate in this regard.
4. If only one of the shareholders is transferring his rights then it would be better that he transfers his share in the property by a registered settlement deed in favor of the other shareholder properly in order to avoid future legal complications.
Dear client I am sorry to hear that but in this case you can file for partition suit in the court if there is no will in place. you can also obtain legal hair certificate and proceed further.
Thanks for all the response. Have a followup question on the response "1. They have rights to their undivided share in the property and if any buyer is wiling to buy the undivided share of them then there is no legal infirmity in it, however if there is already a suit pending seeking partition then they cannot sell their share in the property on their own without court permission or without withdrawing the pending suit, your father can obtain an order of injunction against them restraining them from selling their unidentified or share of property." Question: Currently the partition suit (initiated by my uncles) is ongoing in court. My uncles are trying to sell their share (4/5th share of property) to a politician and the politician is threatening my dad that he will occupy the asset (commercial property) after he buys the undivided share of my uncles (4/5 th of the property) 1. Is it possible for my uncles to sell their undivided share when the parition suit is still pending in court 2. We sent a registered post to registrar saying that my uncles are trying to sell despite the pending partition case. Registrar says it does not stop co-owners from selling their share 3. If my uncles sells their share to politician - it will lead to irrepairable loss for us as we will be threatened later by the politician and will have also sell my dad share at very low rate 4. My uncles have not offered to sell their share to my dad (although my dad is willing to purchase) , however they are adamant on selling it to only 3rd party 5. My dad is taking care of whole property in letting out the shops for rent and rent collection - can politician disturb my dad's management of the property after buying my uncles share (if possible to buy) 6. How can i get order of injunction stopping my uncles from selling their share since the partition suit is pending (or) no offer is made to my dad (or) on the claim that it will disturb my dad's management
If there is no stay order uncle can sell their undivided share in property
2) buyer can object to father management
3) in partition suit pending in court file application seeking stay order restraining income from selling their share
1. They can do so if there's no restriction order from court of law,
You may file an injunction application seeking to restrain them from alienating the property till the disposal of main suit.
2. Registrar is right, he is not bound by such notice, hence it is advisable that you obtain a stay order.
3. Your fears are unnecessary.
4. They cannot be forced to sell to your father.
5. Your father can manage and maintain his share alone.
6..you may file a petition seeking temporary injunction against them.
1. Yes they can sell
2. You can first seek your right to purchase under easement law but he has right to sell his share if you are not ready to pay his consideration
Dear client,
While a partition suit is ongoing, it is generally advisable for co-owners to seek court permission before selling their share. Without court permission or without withdrawing the pending suit, selling their share may not be legally permissible.
Sending a registered post to the registrar informing them about the attempted sale is a step to document the situation and raise awareness, but it may not automatically prevent the co-owners from selling their share.
If the co-owners sell their share to a third party, and if that third party poses a threat or attempts to disturb your father's management of the property, it may be necessary to take legal action to protect your father's rights and interests. Your father may need to consult with a lawyer to explore available legal remedies.
If your uncles are unwilling to sell their share to your father and insist on selling it to a third party, your father's options may be limited. However, he can consult with a lawyer to discuss the specifics of the case and explore any potential legal avenues or arguments that may be available to protect his interests.
The rights and obligations of the parties involved, including your father's management of the property, would depend on the specific terms and conditions outlined in any existing agreements or court orders, as well as applicable property laws. A lawyer can provide advice on the rights and responsibilities of all parties involved and help protect your father's interests.
To obtain an order of injunction to prevent your uncles from selling their share, your father would need to file a legal application in the court where the partition suit is pending. The application would need to outline the reasons and grounds for seeking the injunction. A lawyer can assist in preparing and filing the necessary application and presenting the case before the court.
It is essential for your father to consult with an experienced lawyer who specializes in property and civil litigation. The lawyer can review the specific details of the case, provide tailored advice, and guide your father on the best course of action to protect his interests in the ongoing partition suit.
Thank you all for responses and advice The partition suit (filed by my uncles against my dad in court) is now settled through lok adalat(referred from court) compromise petition - my uncles have transferred their rights of suit schedule property to my dad in exchange of money and i have got the lok adalat order copy. Post receiving the lok adalat reports, main court "disposed" the partition suit, status in ecourts is mentioned as "suit is dismissed as settled out of court . Compromise petition to form part of decree" . Its been 30 days since the court disposed the case but order copy is still not uploaded in the ecourt portal. When I contacted my advocate to get the final decree, my advocate now suddenly have lost interest in the case and saying he will give vakalat and asked me to get the final decree through other lawyer as it requires lot of admin work - he said case is over i just have to pay stamp duty and get final decree. I even asked for his final fee and i can pay- however my advocate is not opening up and asking me to seek other lawyer's help as he cannot run around for final decree. He knows that I desperately need final decree for registering with sub-registrar and he might be taking advantage of this and trying to get a lump sum fee voluntarily from our side 1. What are the activities of court after this till final decre 2. Is it safe to get the vakalat from my advocate, involve new advocate only to get final decree - will my advocate can do any harm to the decree 3. In case if my advocate deny to cooperate to get final decree nor give vakalat - can i get other lawyer involved to get the final decree (without my previous advocate vakalat) 4. Since the court case is "disposed" - is the final decree drafted and awaiting for my stamp duty to issue formally? if so, can I get to see final decree draft ? 5. Is there way I can directly get final decree from the court Please share advice on how do i handle this situation and get final decree safely
You can change your advocate after clearing his fees if pending. Yes you can appoint another lawyer.
You have to make application to court for certified copy of final decree
2) obtaining final decree takes time
engage new lawyer for obtaining certified copy of decree
3) your lawyer can provide you copy of draft of decree prepared by registry
Dear client,
After a case settles, the court might take some administrative steps. These may include drafting a final decree based on the terms of the settlement, ensuring all necessary documentation is in order, and recording the agreement officially. It's generally safe to get a vakalat from your current advocate and involve a new lawyer to obtain the final decree. However, to avoid any issues, it's crucial to clearly communicate with both the current and new lawyer about your intentions and ensure a smooth transition. Your previous advocate should not cause harm to the decree, but having a new lawyer involved can ensure the process moves forward smoothly. If your current advocate refuses to cooperate or provide the necessary documents, you have the right to engage a new lawyer to assist in obtaining the final decree. Your new lawyer can represent you in this matter without the need for the previous advocate's vakalatnama. The final decree might have been drafted or is in the process of being prepared by the court after the settlement. However, access to the draft decree might require specific procedures or permission from the court. Normally, once the stamp duty is paid, the final decree can be issued. In some cases, individuals can directly request copies of court orders or decrees by applying to the court clerk's office or the relevant court authority. This might involve formal procedures and potentially some fees, but it's usually possible to obtain copies of court documents, including the final decree, by following the correct protocol. You can reach out to us for further assistance
1. You have to file the final decree application and also an application to appoint advocate commissioner to inspect, measure and divide the proeprty accordinlgy and submit the report to the court for further action.
2. Once your current advocate has already given NOC then he has no rights to interfere in this matter anymore.
3. Your previous advocate has to give NOC and not vakalat, hence you ask for NOC or you can proceed even without a NOC to engage the services of a new advocate to take up the matter in furtherance.
4. Without knowing the status of the case, no further opinion can be rendered, you can ask a local advocate to inform you about all such further steps to be taken in this regard.
5. No