I need legal advice on the property issue as below.
My father and his 2 brothers, all 3 of them bought a land (420 sq yards) with 1/3rd share (140 sq yards) each in 1989. Its an undivided property. Then they have constructed two shops (as a joint construction, under a single roof) on it and rented them. His elder brother sold his share to youngest brother in 1995, from which my father is having 1/3rd share (140 sq yards) and his youngest brother with 2/3rd share (280 sq yards) and is still an undivided property.
My father demised recently without a will which leaves 3 legal hires for his 1/3rd share (my mother, myself and my sister). We are now willing to sell our 1/3rd share, and my father's youngest brother does not want to buy due to his financial constraints.
As we are now left with one option to sell out side of our family, no one is willing to buy as a undivided property.
Can you please guide how to legally split the property from my father's youngest brother so that we can sell our share (140 sq yards) without any issues.
Asked 10 months ago in Property Law from Vijayawada, Andhra Pradesh
deed of partition can be executed with uncle for division of property by metes and bounds
2) if uncle refuses file suit for partition for division of land by metes and bounds
Since the property is a joint property of your father and his 2 brothers and made construction jointly, the property has to divided and partition among the legal heirs of your father i.e. your mother, you & your sister and your father's younger brother by executing a partition deed before concerned sub register. In case your father's younger brother not coming forward for execution of partition deed before sub registrar, than you have to file a case for partition and separate possession of said property before concerned Court. The Court will pass orders with regard to partition and separate possession of the property by fixing boulders. By virtue of same Court orders you again sale your shared of property to be any you so desire.
Since it is an undivided property you will either not find a buyer or if you find one you will not get the market price. So all 3 of you may file a suit for partition to cull out the separate possession of your property which can then be sold to a prospective buyer.
If your uncle is not ready or willing to buy your 1/3rd share in the property, you can ask him to partition and the property into three parts with metes and bounds and allot one such equal share to you, if this partition is amicable then you can register your share of property vide the partition deed and then sell the share of the property to a prospective buyer.
If your uncle is not willing to divide the property then you may approach court with a partition suit seeking partition of property into three parts and allot you with one such equal part with separate possession. No doubt this will be time consuming but this can be the proper solution if there is no amicable settlement .