Property Matter
Kumar Krishan Agarwal Advocate
(Querist) 28 November 2009
This query is : Resolved
Dear Solicitor,
1. My mother has two younger sisters and four younger brothers. So actually seven children are owner here who have one ancestral shop 30 * 20 sq. foot area in posh market. My mother and two younger sisters want to sell the shares but no buyer has coming forward as the buyer want whole (seven) shares of the seven children before purchasing.
2. Four Brothers don't want to sell their shares to anybody. One brother has taking and doing trade business into the shop for so long. He has not been sharing any profit earnings from the sisters. [i.e taking undue advantage and profits from that shop.]
3. I didn't want o file a partition suit for recovery of the title partition of our shares, as it requires heavy court fees and long proceedings. This property is also not able for making individual partition among seven children.
4. Now what the alternatives are ?
a. How to dispose of this property and gets the buyer excluding four brothers shares so that he purchases our shares?
b. File a declaration and perpetual injunction suit so that all the brothers cannot earn from the property. and leave it as it is forever?
c. Property how dissolved without the interference of our four younger brothers ?
Will court will provide any alternative so that the property will be dissolved without the four brothers shares.
5. At last, I want anyway so that the property is to be dissolved or being restricted forever being used by any brother. whether it lay empty closed shop into the whole-life absolutely till death.
adv. rajeev ( rajoo )
(Expert) 28 November 2009
Except suit for partition and seperate possession you cant do anything.
You have said suit for declaration and injunction you cannot file this suit.
File a partition and separate possession of 1/7th share. You cannot ask profit from the brothers, if it is income of the family business then sisters can seek for mense profit.
The only way is to file suit for partition and seperate possession, if the suit is decreed, you will have to Final Decree proceedings and as per FDP brothers failed to hand over the possession next execution.
:You have said that property cannot be divisable in such case sisters can transfer their share to their brothers by taking the present valuation of their in the suit property or vice-versa.
prakash vathore
(Expert) 28 November 2009
hi, why dont u file suit for partition and seperate possesion? other things which r going into ur mind will only spoil ur porperty and the relations. or you can sit with all heirs and try to resolve the problem amicabali. have a great day.
