Selling of undivided and unmarked ancestral house property
We ( B & C ) inform you that after the death of our father, his dwelling house property belongs to his 3 sons (A, B & C) and 4 daughters. On 01/04/2013 all the four daughters gifted their shares of the dwelling house property to their brothers (A, B & C) by way of registered deed to enable easy way of partition of the above dwelling house among the three sons (A, B & C). It is to be noted that our father 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. As such the above property of our deceased father belongs to three co-owners, ( A, B & C). Out of three co-owners, two co-owners (B & C) who are residing at kolkata, are willing to make mutual partition of the aforementioned property among us. Only one co-owner (A ), who resides there, is not interested to make mutual partition as he is enjoying all the interest of the dwelling house. Besides this he is unwilling to purchase the 2/3rd shares/interest of B & C in the above dwelling house.
At this juncture we (B& C ) being 74 years old an ailing person are not willing to file a partition suit to hon’ble court for justice. That’s why we want to know whether:
1. We are eligible to sell our 2/3rd unmarked & undivided share/interest of our parental dwelling house property to a third party if other co –owner ( A ) is not willing to purchase our shares as per Indian properties and partition act?
2. Is there any legal barrier imposed upon us (B & C) if we ( B & C ) sell our 2/3rd unmarked and undivided share/interest of the above property to a Stranger ?
Two sons ( B & C ) of our deceased father