How to sell undivided share in property ?


Sir,

A man who died 23 years ago left a will bequeathing a residential property with ground and first floor constructed on a plot measuirng 2400 Sq.ft, equally to his wife, three daughters and a son. Whereas, two of the five beneficiaries ( a daughter and wife) who are in possession of the undivided property want to sell their undivided share to a third party. The other three beneficiaries (two daughters and a son) are neither ready to sell their undivided share nor coming forward to partition the property. What is the solution ?  Please advise.

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

In that situation those who want to sell - are free to sell away their interest to a third party - but by virtue of Sections 44/4 - TPA/Partition Act - the third party purchaser won't be able to get possession and the others desiring to continue may exercise their right to pre-emption and purchase their interest out at the market rate  and retain the property in toto. These provisions are meant to protect the integrity of house dwellings.


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Assistant

I fully agree with Mr Bharat as the as the co-sharer has got the first right to purchase.

 
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ha21@rediffmail.com Mumbai : 9820174108

Originally posted by : Ramesh Marathe

 Whereas, two of the five beneficiaries ( a daughter and wife) who are in possession of the undivided property want to sell their undivided share to a third party. The other three beneficiaries (two daughters and a son) are neither ready to sell their undivided share nor coming forward to partition the property.

 

1.  Arrange to file a property partition suit, after following due procedures.
A joint family property cannot be partitioned /alienated without family consent and neither can it be sold to a third party, under any circumstances to anybody, just simply for lack of settlement & indentification of the partitioned portion of the ratio of the said property.


.OR.


2.  Settle amicably and finalise a Family Settlement deed.


Keep Smiling .... Hemant Agarwal

 

 


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Dear sirs,

Thanks a lot for giving solutions in such a convincing way.

 
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self employed

If it's a Hindu undivided Family you can not sell the property without other share holder consent.

If it not HUF then you can sell this property to third party as he is replacing you as it is where it is basis. (i. e. puting ones leg into anothers Shoe. Whetehr that shoe fits you or not. )


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If other members are not capable to buy the sold share of other members from outsider buyer at the prevalent market rate, what court would do?

 
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practising Advocate

Filing of Partition suit is the best option.Under Section 2 of The Partition Act ,1893 The court has the power to order sale instead of division in partition suits. If it appears to the court that , by reason of the nature of the property to which the suit relates, or the number of the shareholders therein , or any other special circumstance , a division of the property cannot reasonably or  conveniently be made , and that a  sale of the property and distribution of the proceeds would be more beneficial for all the shareholders, the court may , if it thinks fit ,on the request of any of  such shareholders interested individually or collectively to the extent of one moiety or upwards ,direct a sale of the property and a distribution of the proceeds.


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Dear Mr. Ajit singh cheema,

U/s 2 of the partition act 1893, the court power to sell comes if the suit of partition is filed before year 1893. it is given below.

2. Power of Court to order sale instead of division in partition suits

Whenever in any suit for partition in which, if instituted prior to the commencement of this Act, a decree for partition might have been made, it appears to the Court that, by reason of the nature of the property to which the suit relates, or of the number of the shareholders therein, or of any other special circumstance, a division of the property cannot reasonably or conveniently be made, and that a sale of the property and distribution of the proceeds would be more beneficial for all the shareholders, the Court may, if it thinks fit, on the request of any of such shareholders interested individually or collectively to the extent of one moiety or upwards, direct a sale of the property and a distribution of the proceeds.

 

If suit for partition filed in year 2012,  can court give order to sell?

 

Please advise.

 
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