One sibling refuses to sign sale deed for intestate property
My mother died without leaving a will, she has four daughters who one of whom wants to buy the house by paying the others their share. She is already residing in this house since last many years.Three of the daughters have agreed and are willing to sign a sale deed. One of the daughters is refusing to sign. What is the legal remedy for the house to be sold as described?
Asked in Property Law from Mumbai, Maharashtra
1) under section 44 of transfer of property act CI owner can sell his share without consent of other co owners
2) sale deed can be executed by other Legal heirs in respect of their share in property
3) if one of daughers does not want to sell her share she can continue to have one fourth share in the house
Since it is a dwelling house the heirs can sell their respective shares by executing a sale deed but the buyer will have to file a suit for partition to cull out the separate possession of her combined share. Alternatively, the heirs may first file a suit for partition and then sell their respective shares after the court orders partition by metes and bounds
if property can be divided then you can divide her share and buy rest of the portion of house. you cannot compel her to buy because she can take defense that she has no other residence. she is also the owner of the property so she has right to decide whether it should be sold or not.
if property cannot be divided so as to give definite share to each parties so it shall be sell out by the order of the court. hence you should file a civil suit for division of property to each sharer. when partition is not possible then court may ask to sell the property then you should approach for purchase at the market rate. then court can sell it either mutual consideration or through the receiver.
The property canot be sold jointly if one of the co-sharers refused to sign the sale deed nor is willing to sell the share of property.
You cannot force her to sign for the sale, it will be illegal and it may even turn out to be harmful to you for indulging in illegal act against her.
The best way is to file a partition suit seeking partition of the properties and separate possession of each individual's share in it.
After partition, the respective owners of the property can decide to sell as per their convenience.