Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ganesh Ram (Consultant)     13 May 2014

House constructed without partition

Three brothers bought and registered a joint property. In that they constructed 3 houses without any partition deed. Now one of them died and his wife wants to register and sell her house. The other two brothers are not ready to sign any document. What are the options for the deceased brother's wife. Advance Thanks for your responses.



Learning

 8 Replies

Chirag Bhagat (advocate)     13 May 2014

hi, deceased brother's wife can sale her husband undivided share by way of sale deed and that time other 2 brothers sign is not require.

she can sale her part by way of sale deed.

Anand Bali Adv. (Advocate Solicitor & Consultant)     13 May 2014

Dear Friend, 

Though the wife of the Deceased brother can sell off her Husband's undivided property by her own but here the question arise the purchaser will must want to see the property well demarcated and take the possession of it. So in this circumstances how it will be possible?

Thus, the Wife should first go the the civil court for the Declaratory suit  of partition and possession and then sale the property of her husband getting it transferred to her name.

For further legal assistance on nominal charges,  you can contact undersigned on below given  phone number.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.

Click "LIKE" in appreciation of the above answer.

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)

Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.

Email: advicelaw1@gmail.com

Ph: 9582144748

1 Like

Mahesh R. Sonawane (Lawyer/Fight for justice)     13 May 2014

Property is joint one,

hence you have to file Partition suit in civil court...

Chirag Bhagat (advocate)     13 May 2014

@ anand bali,  for you, there is some rule of LCI , we should follow the same,

you can not said like that

"For further legal assistance on nominal charges,  you can contact undersigned on below given  phone number.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal. "

  Forum Rules
 
DO's:

  • Be eager to learn and share. We at Lawyersclubindia intend to create a knowledge base. A portal wherein you can gain, exchange and spread knowledge. This is only possible if each one of us take a sincere step and help. By doing this we will not only gain knowledge but also make relationships both professional and personal which will stand by us always.
     
  • Categorize and Sub Categorize. While posting topics kindly Categorize and Sub Categorize properly so that the information is distributed relevantly.
     
  • Always use the 'Search' option first: Always Search to see if a thread already exists for the topic you are interested in. Redundant threads will be deleted.
     
  • Also use the related threads option to find if your question on a particular subject is already answered or discussed.
     
  • Agree to disagree.Debating and sharing your views about various issues will be great fun! But whenever you disagree with someone who thinks differently than you, disagree gracefully and with dignity.
     
  • Report any abusive activity you notice by using the report abuse button.

DONT's

  • We are not here to quarrel with others. Personal attacks, sarcasm, abusive words, innuendoes and rude behaviour will not be taken lightly: The Lawyersclubindia Community is comprised of different types of people with diverse views. They have the right to feel at ease here, even though they may not always hold the same opinions as you do or believe in the same things. Be polite to everyone always.
     
  • Members using abusive language will be permanently banned from the site.
     
  • Do not reply to threads with messages like I agree thanks, etc etc. Instead use the thank user icon just below the profile detail of the user in each post.Try to add value with your each post. Member found using different tricks to increase the points will have there points moderated and reduced.
     
  • Do not post anything that isn't supposed to be available freely. Do not post material that violates a copyright, trademark or National and State Laws. If you are quoting someone else's material or article, always credit the original author. Always remember you are legally responsible for any content that is surfaced in your name as per our disclaimer policy.
     
  • Avoid using fake,derogatory,abusive,duplicate profile names and attacking individual and institutes. Continuance of the same might invite ban anytime.
     
  • Do not Advertise (direct or surrogate) or spam on the forums or through Private Messages. Lawyersclubindia is for personal use only. If we find you trying to sell products or post advertisement links on the forums or through Private Messages, your account will be permanently banned.
     
  • Do not post your email address or phone numbers in public. You don't want your phone number or personal information to be misused by people with evil intentions, telemarketers or spammers

Chirag Bhagat (advocate)     13 May 2014

GRAN Kai, mention that  they constructed 3 houses without any partition deed.

 she don't  need to file suit for possession, when she lives in same house.

wife can sale her undivided share to anybody and nobody can stop him to do so.

 

S K KARNjhc (Legal Adviser)     13 May 2014

You should contact an experienced lawyer & ask for filing property suit.

T. Kalaiselvan, Advocate (Advocate)     14 May 2014

The wife of the deceased no doubt can sell her portion of the undivided share in the property, it is legal, agreed, but what about the buyer, he will be insisting about the properly demarcated property with check boundaries, hence it is always better to get her share properly partitioned and dispose her share of the property as per her wish.

1 Like

jai goud k (business)     17 May 2014

First get the link document of the whole property and file a partition suit  in civil court.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register