Dear sir, Legal procedure for distribution of common property. my question is "We are 3 brothers residing in different parts of india, my problem is being I am the eldest and becoming older, my father's property is undivided and common property(equally divided to all the 3 sons according to father's will) and the property situated where I reside , my father expired long ago, when I asked my brothers to sale the property the other two are postponing since 10 years as it is common property I could not do anything, now my position is bad I want to file a suit against them to sale the property, could any one please guide the procedure how to proceed legally to file the case in the court?
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Legal advice on how to proceed about common property Legal procedure for distribution of common property.
Legal procedure for distribution of common property. my question is "We are 3 brothers residing in different parts of india, my problem is being I am the eldest and becoming older, my father's property is undivided and common property(equally divided to all the 3 sons according to father's will) and the property situated where I reside , my father expired long ago, when I asked my brothers to sale the property the other two are postponing since 10 years as it is common property I could not do anything, now my position is bad I want to file a suit against them to sale the property, could any one please guide the procedure how to proceed legally to file the case in the court?
1) you are co owner of property and are at Liberty to sell your share without consent of other co owners
2) under section 44 of transfer of Propery act co owner can sell his share without consent of other co owners
3) you can file suit for partition for division of Propery by metes and bounds but it may take some years to be disposed of
If the status of the property is joint property then filing suit for partition is only remedy available before you.
You are required to file a suit for partition to divide the property and cull out your separate share therefrom. After the division is done on court orders you will be at liberty to sell your share. The procedure begins by engaging a lawyer.
when I asked my brothers to sale the property the other two are postponing since 10 years as it is
common property I could not do anything, now my position is bad I want to file a suit against them to sale the property, could any one please guide the procedure how to proceed legally to file the case in the court?
If you want to sell your share of property alone, then you may look for some buyer who would be ready and willing to buy your undivided share in the property and he can get his share later on through partition or any other mode.
Alternately you can file a partition suit seeking separate possession of your property. After partition and getting your share allotted, you may sell it.
Legal advice on how to proceed about common property
It will depend o the cooperation of all the co-shares agreeing to either sell it jointly or any one of the co-sharers willing to buy others share and give others their share as money or look for a buyer who would be willing to buy the undivided share.
Legal procedure for distribution of common property.
You can file a partition suit in the court of law seeking partition and separate possession of your share.