Selling of property
Udayakumar V S
(Querist) 09 October 2013
This query is : Resolved
HiFriends,
One of my friend wants sell his ancestral property in Bangalore where in out five legal heirs four of them are ready to sell the property, but one is not ready to agree for the sale of the property, is there any legal procedure wherein we can sell the property with the knowledge of the court and deposit his share to the court after the sale of the property.
Please advise,
Udhaya VS
Advocate M.Bhadra
(Expert) 09 October 2013
Your friend alone or with others are free to sell away their interest to the third party by virtue of Sections 44 of Transfer of Property Act and Sec.4 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.
They can file a Partition Suit in Civil Court and after issuing notice the can file a Petition u/sec.151 C.P.C.for a permission of selling the property in undivided nature .
Rajendra K Goyal
(Expert) 09 October 2013
Your friend or his brothers can sell their upto their interest in the undivided property.
