• Partition

I am 40%owner of a dwelling unit in Chandigarh residing in whole house since1991.can the other 3 owners 20% each ask for possible or sale
Asked 4 months ago in Property Law from Chandigarh, Chandigarh
Religion: Hindu
other co owners can seek division of dwelling unit

2) if you refuse they can file suit for partition for division of property by metes and bounds

3) if property cannot be divided court can direct sale of property 
Ajay Sethi
Advocate, Mumbai
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1216 Consultations
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The other owners can eiher sell their shares to you or you can sell your share to them.

It can be settled by mutual agreement among you all.

In a partition suit, the court may not order to partition the dwelling unit if the the dweller refuses to vacate to facilitate  division or if it is not possible to divide the property.

If no consensus is arrived among the warring parties, the court may  pass an order to bring the property to auction and distribute the sale proceeds among the shareholders according to their entitlement. 
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
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they may be but can not sell or letout the property without your consent, it will be better to file a partition suit and get your share if amicably settlement is not possible with them, along with an application U/O 39 Rule 1 & 2 of CPC and get restraining order against them for creating third party interest.

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Nadeem Qureshi
Advocate, New Delhi
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129 Consultations
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If I who is 40% share holder buy their 60% share at the circle rate and when is this possible .if there r 2 male heirs can married girls ask for partition and possession




There is no legal infirmity in buying the shares of other shareholders provided all other three shareholders are alive now and re willing to sell their share of property to you.

If anyone of the shareholder is not alive now, then the legal heirs of the said deceased shareholder can execute the sale deed jointly in your favor.

Please note that all the transactions should be by a registered deed or document only.

Any unregistered deed shall be held invalid and later on some other person shall claim  the share for which you may have to run between courts. 
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
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Married daughters have equal share in property 

It is better you purchase shares of all other legal heirs at the circle rate 
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
1. The other co-ownwrs can file a suit fir partition to cull out their separate share and then sell it.

2. The heirs of the co-owners cannot challenge the sale executed by the former.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
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