Kanika Rohra (Housewife) 06 September 2018

Property sale without all signatures

My grandfather had a property and its distribution was contested by 3 descendant children in court. Now the 3 have decided to go for an out of court settlement and sell the property and distribute its proceeds. However there is a 4th descendant who said she is neither interested in the property and nor will she sign anything to say she is not interested. She simply does not want to be contacted in any of the matters to do with the property or otherwise. We have a buyer but I am being told by the buyer (and their lawyer) that without her signature during registration, the property is always subject to her claim (if she ever changes her mind and decides to ask for a share). She has never been involved in the case and has no interest in it. What is the way for us to move forward with the sale with the buyer and the the seller being protected, and not involving the disinterested person in any manner? A speedy response will help as the buyer is getting tired of waiting for solutions. Very grateful.

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3 Replies

Adv. Aditya (Litigator GROSON ADVISORS) 06 September 2018

Dear Concerned,

The property devolved upon all legal heirs. If the fourth heir is a legal heir and relinquishes her/his all rights and interests in any said, or all properties, in favour of rest of the legal heirs, by way of relinquishment deed, this could settle all doubts that are in anticipation.

This is the speediest solution that you may have.

Regards,

GROSON ADVISORS

legaladvice@grosonadvisors.com

Kumar Doab (FIN) 07 September 2018

If the lady is legal heir then the buyer is right in asking for her consent to sale.

Or the other legal heirs could pray to court for partition for boundaries and sell their share, since one legal heir is unwilling to appear/consent to sell.

Or they could buy the share of unwilling legal heir.

Kumar Doab (FIN) 07 September 2018

Take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, and find a very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law e.g; Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, and your counsel can advise you after examining all docs, evidences on record ..e.g; the evidences that you have, etc

There are such very able counsels at each location.

Check for such counsels at LOCAL civil courts, HC, SC…