Selling of undivided and unmarked ancestral house property
The undersigned inform you my mother died about 68 years ago and after the death of my father sri lakshmi narayan sikdar on 11th june 1986, his dwelling and agricultural properties are now belongs to his 3 sons and 4 daughters as ancestral properties as per hindu succession act. Unfortunately after the deaths of 1st and 2nd sons of late lakshmi narayan sikdar, srimoti angur bala sikdar wife of 1st son, Srimoti dipa biswas ( sikdar ), 1st daughter of 1st son and mrs. Joli roy ( sikdar ) 2nd daughter of 1st son are joint owners of the share of 1st son . Similarly srimoti minu sikdar, wife of 2nd son and srimoti maitroyee ghosh ( sikdar) only daughter of 2nd son are the joint owners of the share of 2nd son.
On 01/04/2013 all the four daughters of late lakshmi narayan sikdar gifted their shares of the dwelling house to srimoti angur bala sikdar wife of 1st son , srimoti minu sikdar, wife of 2nd son and to sri sujit kumar sikdar 3rd son of late lakshmi narayan sikdar equally by way of registered deed to enable easy way of partition of the above dwelling house among angur bala sikdar, minu sikdar and sujit kumar sikdar. I tried several times for making mutual partition among us but I failed to do this, as because the wife and two daughters of late chitta rangan sikdar 1st son of late lakshmi narayan sikdar are unwilling to do this. It is to be noted that my father late lakshmi narayan sikdar constructed three separate houses for his three sons in a common land measuring 34 satak in Basta mouja of ranaghat block -2 under Nadia district of west Bengal so that they ( sons) can live separately and peacefully. In my single storied building (constructed my father) I converted it to double storied building in my own cost after the death of my father, which is now in my possession and lying vacant as I reside in kolkata. I go there and stayed for few days and come back again to kolkata. Besides this we have about 13 bighas of agricultural lands in the name of my father late lakshmi narayan sikdar in different moujas of ranaghat block-2 in which all the sons and daughters are the co-owners of the said lands. Only Srimoti dipa biswas ( sikdar ), 1st daughter of 1st son of late lakshmi narayan sikdar is residing her father’s house with her husband and one children and enjoying all the interest of dwelling house as well as agricultural lands for a long time. Nothing is given to any co-owners. Now I sri sujit kumar sikdar, 3rd son of late lakshmi narayan sikdar being a senior citizen and ailing person, can not go to the hon’ble court for partition suit because it will take time and involve hues amount of money. In this context it is also to be mentioned that Srimoti dipa biswas ( sikdar ), 1st daughter of 1st son of late lakshmi narayan sikdar who is residing her father’s house with her husband and one children and enjoying all the interest of dwelling house as well as agricultural lands for a long time without giving nothing to any co-owners, was agreed to purchase my share within a stipulated time ( given in written ) but fails to do this.
At this juncture I want to know whether:
1. I am eligible to sell my 1/3 unmarked & undivided share/interest of our parental dwelling house property to a third party if others co –owners are not willing to purchase my share as per Indian properties act and partition act?
2. Is there any legal barrier imposed upon the undersigned if he sell his 1/3 unmarked and undivided share/interest of the above property to a Stranger ?
SUJIT KUMAR SIKDAR, 3rd son of late lakshmi narayan sikdar