Forefather's property: no consensus on sale
Sudeep Naik
(Querist) 23 April 2012
This query is : Resolved
Hi,
My grand parants have passed away and left their property without a will.
This property has 3 legal heirs, out of them 2 wants to sell out this property and one is not in favour of selling.
Please let me know, can it be sold as 2 of the legal heirs are in favour (more than 50%) and equally devide it in all 3, or it can not be sold until 100% consensus (all 3 are in favour) is met?
Thanks
Devajyoti Barman
(Expert) 23 April 2012
Any co sharer can sell without the consent of other co sharers but that sale must not be more than his part of undivided share.
However of the other co sharer want to restrain him from doing so, the objecting co sharer can file a suit for partition and injunction.
ajay sethi
(Expert) 23 April 2012
if one co sharer does not want to sell his share let him buy the share of other 2 co sharers .
in case he is not in position to do so then let the co sharers sell their part of property .
Sudeep Naik
(Querist) 23 April 2012
Thanks Devajyoti Barman,
Actually that property has 60% of free land and on rest of the 40% a house is constructed and that house is occupied by my uncle as of now.
In this case if some one wants to sell his share, how it can be done?
Thanks
Shonee Kapoor
(Expert) 23 April 2012
Go for partition and then sell your portion.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 23 April 2012
In the given facts, it is better to get the property partitioned first and then sell it as per your desire.
Kiran Kumar
(Expert) 23 April 2012
partition is necessary...file a necessary suit for the purpose.
