Partition of house
sunil
(Querist) 13 May 2014
This query is : Resolved
Sir,
We have purchased a joint property(House) in the name of me and my brother.My brother died and left his wife and only one son(15years old).
How it can be shared between us.No partition is possible in house.Only option is to sell it and distribute amount.How it can be done since son of my departed brother is less than 18 yrs.
thanks and regards
She (widow of my brother) does not want to live with us.She is demanding for money.
thanks
ROHIT SHARMA
(Expert) 13 May 2014
1. Wait till he attains majority. His mother cannot undertake to given consent on his behalf.
Devajyoti Barman
(Expert) 13 May 2014
You can apply for liberty of the court to transfer the minor's share u/s 29 of the Guardian and Wards Act.
ajay sethi
(Expert) 13 May 2014
unless yo both need funds dont sell the property . it only appreciates with time . your brother 50%share in property can be transferred in name of his wife and son .
Sankaranarayanan
(Expert) 13 May 2014
Your support is must to them. Better to wait some more time.
P. Venu
(Expert) 14 May 2014
Your first priority should be taking care of your brother's family. Legal aspects could be worked out later,
Rajendra K Goyal
(Expert) 14 May 2014
If you are not in immediate need of funds, better wait till your nephew starts earning. Decide the matter at that time.
T. Kalaiselvan, Advocate
(Expert) 14 May 2014
As advised properly by expert Mr. barman, you may initiate action accordingly or else you may ask your sister in law to wait until her son attains the age of majority so that they both can get their share out of the sale proceeds without any legal problem.
R.V.RAO
(Expert) 14 May 2014
section 29 of the guardian and wards act 1890, deals with Limitation of powers of guardian of property appointed or declared by the court .at the moment the minor son is under custody of mother.wait till he completes 18 years when he attains majority.convince your SIL also about the legal issues.
if money is to be raised for any urgent domestic purpose or child education etc...both you and your SIL can mortgage the house and raise the loan and meet needs. sale of minor's share of property is not possible without court's intervention.
