SALE OF PROPERTY
raju
(Querist) 10 February 2011
This query is : Resolved
DEAR SIRS,
(I HAVE ADDED SOME EXTRA INFORMATION IN THE PREVIOUS QUERY)
WE HAVE A JOINT LEASE HOLD RESIDENTIAL PLOT/HOUSE (PROPERTY)IN DELHI WHICH WAS ALLOTED JOINTLY BY THE LAND AND DEVELOPMENT AUTHORITY TO MY FATHER AND UNCLE AFTER INDIA PARTITION AND WAS ALLOTTED AGAINST THE PROPERTY OF OUR GRANDFATHER IN PAKISTAN.MY (LATE) FATHER AND OUR FAMILIY ARE RESIDING IN THIS FOR PAST 40 YEARS AND MY UNCLE(LATE) AND HIS FAMILY IS RESIDING IN BOMBAY AND HAVE NEVER STAYED THIS PROPERTY WITH US.THE LEASE DEED STATES THAT THE PROPERTY CANNOT BE SUB-DIVIDED.(THIS PROPERTY ORIGINALLY WAS IN JOINT NAMES OF MY FATHER AND MY UNCLE)..NOW BOTH MY UNCLE AND MY FATHER HAVE EXPIRED.IS IT LEGALLY POSSIBLE THAT WE(MYSELF,MY SISTER AND MY MOTHER)AS LEGAL HIERS SELL OFF OUR FATHERS SHARE IN THE PROPERTY WITHOUT THE CONSENT OF THE CO- OWNER (MY UNCLES LEGAL HIERS)IN THE OPEN MARKET. ALSO WE WANT TO GO FOR A IMMEDIATE SALE AND DON’T HAVE THE TIME TO SUBSTITUTE OUR NAMES AGAINST OUR FATHERS SHARE/TITLE IN THE SAID PROPERTY.ARE WE LEGALLY ENTITLED TO GO FOR THE SALE AS LEGAL HIERS WITHOUT GOING THROUGH THE SUBSTITUTION PROCESS AS IT IS USUALLY A VERY LENGHTY PROCESS,AND WOULD TAKE MONTHS TO DO SO.PLEASE ADVICE.
THANKS AND REGARDS,
M V Gupta
(Expert) 11 February 2011
You have not mentioned the nature of the property - land or house and whether it can be divided by metes and bounds. As joint holder ur father had an undivided share in the property and the legal heirs of ur father can sell this undivided share to any person of thier choice. This is subject to ur satisfying the buyer of ur succession to the property as the only legal heirs of ur late father. The non mutation of the revenue records would not come in the way. Consent of the other sharer is not necessary in law.
