How to defend the property against selling..pls advice

chennaite (Querist) 05 January 2013 This query is : Resolved
Hi All,
The house is in the name of my grand father. Both grand father and grand mother expired without writing the Will. They have 3 sons and 2 daughters. Both the daughters and the second son are not in an intention to sell it off. Who would have the actual power to take decisions on selling? And how to retain the asset if the eldest son thinks otherwise?

Thanks!

Follow Query

Report Abuse

Advocate M.Bhadra (Expert) 06 January 2013
Even undivided nature of property one co-sharer can sell his proportionate share,but first offering others which can established pre-emption right.However others can file a suit for Declaration and Injunction in Civil Court to restrain the sell.

chennaite (Querist) 06 January 2013
Thank You.!! So in layman terms, the property can't be sold unless all the Class-I heirs agree to it?

Guest (Expert) 06 January 2013
Your presumption is correct. Selling of undevided ancestral property without the formal consent of all the class-I heirs is not possible.

ajay sethi (Expert) 06 January 2013
there are 3 sons and 2 daughters who are the legal heirs . 3 legal heirs dont want to sell the property . let them buy off the other 2 legal heirs share

R.K Nanda (Expert) 06 January 2013
no more to add.

Raj Kumar Makkad (Expert) 06 January 2013
I humbly disagree with the advice of the experts that the undivided share cannot be sold by some of the co-owners. It can very well be sold to the extent of the share holding of the sellers and even no preemption is applicable, however, the specific possession cannot be offered rather the area under the possession of the sellers can be given to the buyers.

But querist has other question that whose opinion shall prevail. Better to file suit for partition and possession and in that event every co-owner shall be free to take his own decision as per his free whims and wishes.

R.K Nanda (Expert) 06 January 2013
give share to 2 sons in terms of money and they both execute release deeds in favour of rest of 3 LRS.

chennaite (Querist) 06 January 2013
Thanks to all..The property area will be partitioned for the co-owners in terms of sq.ft once the suit for partition gets filed, and the amount settlement to those 2 sons will be calculated based on Corporation Rate/Sq.ft * co-owner share. Please correct me if i am wrong..