Can undivided share in joint ppty be sold ?

AJIT KAWATKAR (Querist) 25 December 2013 This query is : Resolved
joint pty is in dist. of Maharashtra

ppty was purchased jointly [2 sisters] without demarcation /division of boundries;in 1964. one was married[expired 1966] & the other is SPINSTER [89 yrs] still alive.The In-law expired before 1964.
They have 7 heirs [4 males 3 fimales]

The Mutation is still pending.Meanwhile the 3 out of 7 Heirs hv expressed desire to purchase Rites of Spinster [Aunty].

Q] In this situation where Mutaton of other deceased is pending; can they [3] Nephuses purchse the undivided share of ppty?
If not what can be done ;since seller is 89 yrs .

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Biswanath Roy (Expert) 25 December 2013
Non-mutated non-apportioned share can be sold to any co-sharer. Age of the vendor cannot be the bar to transfer the property.

malipeddi jaggarao (Expert) 25 December 2013
Agreed with Expert Mr.Biswanath Roy.

Rajendra K Goyal (Expert) 25 December 2013
Well advised by the expert Biswanath Roy ji.

P. Venu

(Expert) 25 December 2013
Who are these 7 heirs? Are they the children of the jointee who was married and since expired?

V R SHROFF (Expert) 25 December 2013
Yes, it can be purchased

ABDUL RAZIQUE (Expert) 25 December 2013
Yes, they (nephews) can purchased the property from aunt, there is no any restriction as per law.

T. Kalaiselvan, Advocate (Expert) 25 December 2013
Whether the nephews or some third party, if they so desire to purchase the property, they can very well purchase the undivided portion of the property of the co-sharer and can get it mutated on a later date.

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