Ancenstral property sell

Shri (Querist) 30 March 2012 This query is : Resolved
Hi,

My father has 2 brother and my grand father's property is equally divided between these three. Grand father and grand mother both expired long back. Now my father's brother forcing my dad to sell that property. They both are ready to sell, but my father dont want to sell. Is it possible that they force my father to sell the same? Is it legal? What action they can take if my father is not ready to sell that property ?

Please suggest.
Thanks
shri

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M.Sheik Mohammed Ali (Expert) 30 March 2012
you just file partition suit and get partition thereafter their sale their partition that all. no one force to sell any one any property.

Shri (Querist) 30 March 2012
Mr Sheikh,

Means if my father deny then they wont be able to force right? And if we want our partition then on what basis the property get partitioned. ?

Please help

Deepak Nair (Expert) 30 March 2012
The joint property cannor be sold without the express consent of all the co-owners.

All three have equal share in the property i.e. the property will be devided into 3 equal parts in case of partition.

Since your father's brothers want to sell the property, your father can retain the entire property by paying an amount equivalent to the shares if his brothers to them. Otherwise, go for partition.