Can daughter sell her undivided share of a dwelling house which was not partitionedf?
K.K.Ganguly
(Querist) 04 November 2011
This query is : Resolved
Would the Ld. Experts kindly opine on the following.
1) One Mr. Mukherjee was allotted a piece of land at N.Delhi, by the Govt. of India after he came from the then East Bengal, on which he had constructed a dwelling house.
2) He, his wife being predeceased, died intestate leaving behind his 3 sons and one married daughter. Out of three sons 2 sons also died leaving behind their wives who do not stay at the said undivided house (one stay at Kolkata & other stay at USA).
3) Presently the only living son is staying with his family in that undivided house.
4) Now powerful promoters are threatening the said son and forcing him to sell the premises which he does not want.
5) The daughter, at the behest of the promoter, had filed a partition suit at Delhi which was rejected by Hon’ble Court.
6) Now the same daughter has sold her undivided share of the house through a sale deed to one promoter who has filed a partition suit for partition of the said undivided house where the only living son is staying.
7) Whiled selling her undivided share she has completely ignored that the wife of one deceased brother who now lives in USA and will not return. So, in place of ¼th share she has recorded sale of 1/3rd share to the promoters.
My query is:
a) Can the daughter, whose partition suit was once rejected, sell her share in the undivided house to any body?
b) Before such sale, is it mandatory to offer the same to the existing dweller?
c) Can the buyers of the said undivided share of the daughter, whose partition suit was once rejected, ask for partition of the house?
d) If it is proved that the daughter had 1/4th share only then will not the entire sale deed for sale of 1/3rd share of the house becomes null and void and also the resultant partition suit filed by the Promoters for partition of 1/3rd share becomes liable to be rejected? Or will it be automatically be treated as 1/4th share?
e) What is the remedy for the living son who does not want to sell his father’s house. The promoters have already purchased the local police.
I would request you to kindly give the opinion with relevant Sections, since the 4 advocates in Delhi who were engaged for fighting the case have subsequently become negotiators for selling the house to the Promoters and started discouraging to fight the partition suit filed by the promoters.
Thanks in advance.
Guest
(Expert) 04 November 2011
she cannot sell.
prabhakar singh
(Expert) 04 November 2011
a)NO!
b)yes!
c)one can file any suit but preferential right of person residing in will offer him
to go out after taking money he has paid[but for 1/4 th n not 1/3]
d)NO!
e)a LAW SUIT OF INJUNCTION AS STRANGERS TO FAMILY CAN NOT ENTER INTO A DWELLING DESPITE PURCHASE.
Engage a local lawyer to proceed.
R.Ramachandran
(Expert) 04 November 2011
Dear Mr. Ganguly,
I do not know how and why the 4 lawyers behaved in the manner mentioned by you.
In any case, if you wish, you can get in touch with us. You can visit my profile to take my contact number.
