Children not willing to sell property.

Sri (Querist) 20 January 2017 This query is : Resolved
Property bought by grandmother jointly in her name her sons and daughters name from her own income(documentary proof present).Now grandmother wants to sell the property but son and daughter not willing . What legal remedy can be sought by grandmother to sell the property?

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r.sathyanarayanan (Expert) 20 January 2017
Is the property document states that the said property is purchased only from the income of your grandma?
What is the age of those sons and daughters at the time of purchase of property?
If your answer to the first question is yes,and if you say that the children are not earning to fund the purchase of the property in question, your grandma can file declaration suit to declare that her children are not the real owners of the property and thereafter she can sell.she can also state that selling of the property is to maintain herself.

Kumar Doab (Expert) 20 January 2017
If the title then and till this time the title is in the name of lady and sons and daughters they alone can sell.

Sri (Querist) 20 January 2017
Grandmother had sold her flat and taken the property jointly in her name and children's name .she had shown that in her income tax returns then.
Children were not minors at the time of purchase.

Rajendra K Goyal (Expert) 20 January 2017
Property is jointly with the children names, Grandmother can sell her undivided portion only.

Sri (Querist) 21 January 2017
The property is a flat ,If she Transfers her rights of an undivided flat, How to demarcate my grandmothers portion then .Please experts can u suggest a solution .

Sudhir Kumar, Advocate (Expert) 21 January 2017
NO OTHER WAY.

Sri (Querist) 21 January 2017
No other way?? Din follow what u say Mr Kumar .

Guest (Expert) 21 January 2017
Well Advised by Expert Mr.r.Sathyanarayanan." Senior Citizens Act also would support you and the Court Case could be completed in 6 months by an Efficient Advocate and Free Legal Aid Forums also would help and guide you.Discuss with Concerned Advocate in detail with all relevant copy of documents

r.sathyanarayanan (Expert) 22 January 2017
Dear Mr.Rajkumar@Narasimha,
Thanks for your compliment.

Guest (Expert) 22 January 2017
Welcome and Kind Of you and All the Best Mr.R.Sathyanarayanan Advocate.

Sudhir Kumar, Advocate (Expert) 22 January 2017
It is joint property and joint holders are not willing to sell. So she can just get partition and sell her share.

Rajendra K Goyal (Expert) 22 January 2017
Partition would be the headache of purchaser and other owners.

Legally she can sell her undivided share in the property provided she is able to search a purchaser.

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