The commercial property(bungalows put on rent and land fr afuture project) is 1/3 my mothers and 2/3 my 2 uncles..we want to sell our part because of financial crunch..and we want to use it to start our own business .but my uncles dnt want to...and have an evil motive...how much time will it take from the start to th courts verdict for partition??
Asked 9 months ago in Property Law from Lonavla, Maharashtra
1) under section 44 of transfer of property act co owner can sell his share without consent of other co owners
2) in the alternative your mother can file suit for partition for division of property by metes and bounds
3) suit would take some years to be disposed of
Undivided share in the joint property can be sold even if the other co sharers are not ready for it.
There is no legal restraint to sell undivided share.
However the prospective buyer is to be ready for this.
Although nobody can predict the exact time frame but the least it may take is a year. Civil suits take time to be decided in the courts, albeit the delay can be remedied by seeking appropriate orders from the High Court.
partition on the basis of share mentioned in revenue record will take less than 6 months to decide because 3 months notice is compulsory.
partition on right of inheritance will take some years to decide. but you must borne in mind that a joint property can be partitioned only when it is easily separable.
You have n o option than to file a partition suit seeking your share in the property and its separate possession.
The partition suit and the court case may take more than three to five years to get disposed.