Can i sale joint property while one member is missing.
Querist :
Anonymous
(Querist) 10 December 2018
This query is : Resolved
Sir,
We have joint property on 3 brothers name but one is missing since 6 months and also he is unsound minded now we want to sale same property so how can we sale it? Please suggest me...
Isaac Gabriel
(Expert) 10 December 2018
Post with identity when you can get more answers
Vijay Raj Mahajan
(Expert) 11 December 2018
No you cannot sell the property without his presence or legal representation or order of the appropriate court in this regard.
BAALASUBRAMANNYAMM
(Expert) 11 December 2018
(1) What document you have that the property is joint property stands on 3 names. (2) How got the property and how your 3 brothers are entitled the property. First clarify yourself that the property is a joint property of your 3 brothers.
Querist :
Anonymous
(Querist) 11 December 2018
Actually it is house property and it is inherited from my father after his death.
Querist :
Anonymous
(Querist) 11 December 2018
Actually it is house property and it is inherited from my father after his death.
Adv. Yogen Kakade
(Expert) 11 December 2018
First of all you have to prove that the person is of unsound mind and he is not capable of entering into any contract or agreement.
And in his absence you can not sell the property in which he has a share.
Dr J C Vashista
(Expert) 11 December 2018
Why do you prefer to remain "anonymous author" knowing when such person is not obliged by experts as per rules of this platform ?
Dr J C Vashista
(Expert) 11 December 2018
You can not sell the share of an unsound mind.
Consult a local prudent lawyer for appointment of a guardian.
Kumar Doab
(Expert) 11 December 2018
Pls don’t post as AQ and post with your ID and you can get many responses.
Your ID does not mean your email id or phone number etc and don’t post these.
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.
Obtain proper legal opinion in writing from LOCAL counsel specializing in concerned field of law.
Kumar Doab
(Expert) 11 December 2018
The title holder/owner can dispose/sell the property that one owns and cannot dispose/sell property that one doesn’t own.
The person of unsound mind may not understand what is being disposed off.There are laws/rules to handle the property of person of unsound mind.
There are laws/rules to handle the property of person of missing person.
Likewise there are laws/rules to get the order of Civil Death of missing person.
Kumar Doab
(Expert) 11 December 2018
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
There are such very able counsels at each location.
Check for such counsels at LOCAL; Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Civil matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Sudhir Kumar, Advocate
(Expert) 11 December 2018
