Co ownership between mother and son

Renny Fernandez (Querist) 03 June 2020 This query is : Resolved
So my father owns a property in dual ownership with his mother who passed away a year ago. Now my lgrandmother has 4 kids including my dad. My dad and his 2 brothers are willing to sell this land but my dad's sister is not willing to... is it possible to sell the portion of the property that belongs to my father and his brothers. The property was acquired and not ancestral..it's in murugeshpalaya Bangalore and there is no will left behind by my grandmother. My aunt is a divorcee

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A property is jointly owned by a father and his late mother. The father and two brothers wish to sell their shares, but their sister (the father's aunt) disagrees. The discussion explores whether the consenting siblings can sell their portion of the property, even without the sister's agreement. It highlights that while selling an undivided share is possible, it might not fetch full market value, and a partition suit is a lengthy alternative. Amicable settlement is strongly advised.

Dr J C Vashista (Expert) 03 June 2020
What is the property and where it is located ?
Whether the property is self-acquired by your grandmother with your father or it is ancestral ?
Whether your grnadmother has died intestate i.e., without executing any will to bequeath her share in favour of any one ?
Incomplete information can not lead to form proper opinion and oblige.

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P. Venu (Expert) 03 June 2020
It could be, But selling undivided share may not fetch full market value. Better option is to file a suit for partition, if unavoidable, and make the sale once partition is effected. However, partition suit take years for finalisation.

Raj Kumar Makkad (Expert) 03 June 2020
It shall be better to have mutual consent of all the stakeholders in selling the said property. If such efforts fail then you have no other option but to sell their share of consenting share-holders leaving aside the 4th. Your aunt may get partition of her property at any stage if you get handsome sale consideration of the undivided share of proposed sellers.

Rajendra K Goyal (Expert) 03 June 2020
Mother of your father (Your Dadi Ji) has expired, if she has not bequeathed any will for her share, the share would be inherited by all her sons and daughters (if Dada ji is not alive).
Your father would own 5/8 th share and his brothers and sister would own 1/8 th share each.
Your father and his brothers can sell their 7/8 th share undivided or after division, leaving 1/8 th share of their sister..
It is always better to go for amicable settlement in family matters if possible.

Raj Kumar Makkad (Expert) 03 June 2020
@Mr. Goyal

It seems that you have overlooked the facts of the present case. Only 4 are the legal heirs of the deceased. Co-sharers of 3/4 share are ready to sell but the aunt (Buwa) of the author is not ready and her share is 1/4 only. The calculation you provided is not in accordance with the facts of the present case. Kindly review your reply.

kavksatyanarayana (Expert) 03 June 2020
You said my father owns a property in dual-ownership with his mother. So your dad has property with joint ownership of his mother. so her half share shall be devolved between all the legal heirs of your grandmother including your aunt. (your father's sister). So after partitioning the share of your grandmother, your father and his brothers can sell the property.

Rajendra K Goyal (Expert) 04 June 2020
Still of the view that Aunt had only 1/8 th share in the property.

Property can be sold after partition or without partition by any of the share holder in the property.

Raj Kumar Makkad (Expert) 04 June 2020
1/8th share shall be out of total property and not of the deceased. Here is the issue of the property of the deceased. Aunt of the author is entitled to inherit only 1/4 share of her deceased father and not 1/8th as per HSA, 2005.

P. Venu (Expert) 04 June 2020
We have already posted suggestions to the issue raised by the author. It is too haphazard to stretch the thread further. As the name suggests, he is Christian by religion. Hence HSA is of no application.

Rajendra K Goyal (Expert) 05 June 2020
There is no question of share of aunt’s father, it was the property share of author’s father with his aunt’s mother. Aunt inherited ¼ th share in her mother’s share. Aunt’s mother was having ½ share in the property, hence aunt is entitled for 1/8th share in total property.
Other co-sharers can proceed to get the property partioned and can sell their particular property individually or can sell without partition.

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