Dispute in inherited propertied
URBANHOUSING
(Querist) 22 December 2018
This query is : Resolved
A MOTHER LEFT A FLAT IN MUMBAI BY WILL TO 9 SIBLINGS EQUALLY
OUT OF 9, 8 SIBLINGS WISH TO SELL THE FLAT .
ONE SIBLING REFUSES TO SELL IT EXTERNALLY OR INTERNALLY WHAT IS THE LEGAL SOLUTION TO THIS
AS THIS IS A FLAT IN MUMBAI ENTRY AND EXIT IS ONLY ONE TO THE FLAT
KINDLY HELP
THANKS IN ADVANCE
Guest
(Expert) 22 December 2018
You have to apply in Court for Order for Sale. You being majority the order would be in your favor please.
Kumar Doab
(Expert) 22 December 2018
You can ask one unwilling co-sharer to buy share of all willing co-sharers.
Has the WILL been duly acted upon without any cloud on IT?
What is narrated in WILL in case of such situation e.g; the unwilling Co-sharer is to buy the share of others?
Kumar Doab
(Expert) 22 December 2018
Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).
IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.
IT is not mandatory to probate the WILL in other areas. IT is not mandatory to register the WILL.
The WILL should just be valid. Unregistered WILL can be acted upon.
The last valid WILL prevails.
Once the WILL is duly acted upon without any cloud on IT the beneficiaries attain rights equal to that of owner and press their rights.
Probably the sharers willing to sell are getting high/market price and have offer in hand or have got the property valued properly.
Probably sharer unwilling to sell is expecting court to fix the price that may be below the high/market price.
If amicable settlement can be achieved then litigation might be avoided. Some + - may help.
Or approach court and court shall decide the matter.
Dr J C Vashista
(Expert) 23 December 2018
File a suit for partition, after settling shares of the claimants, the property shall be disposed in terms of the provisions of Partition Act i.e., by Sale/ auction if there is no amicable settlement.
"Urban Housing" is no name, you are anonymous and an anonymous author is not obliged by experts as per rule of this platform, disclose your identity.
Kumar Doab
(Expert) 25 December 2018
Go thru;
Central Government Act
The Partition Act, 1893;2
Madras High Court
N.Manickam vs Kanagaraj on 29 March, 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 29.3.2012.
CORAM
THE HON'BLE MR.JUSTICE R.S.RAMANATHAN
C.R.P.(NPD)Nos.4081 and 4082 of 2009
and
M.P.Nos.1 and 2 of 2009
Kammana Sambamurthy (D) By LRS. Vs. Kalipatnapu Atchutamma & Ors. [2010] INSC 838 (8 October 2010)
Judgment
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6088 OF 2003 Kammana Sambamurthy (D) By LRs. ...Appellants Versus Kalipatnapu Atchutamma (D) & Ors. ...Respondents WITH CIVIL APPEAL NO. 7265 OF 2003
http://www.advocatekhoj.com/library/judgments/index.php?go=2010/october/21.php
Filing of Partition suit is the best option.Under Section 2 of The Partition Act ,1893 The court has the power to order sale instead of division in partition suits. If it appears to the court that , by reason of the nature of the property to which the suit relates, or the number of the shareholders therein , or any other special circumstance , a division of the property cannot reasonably or conveniently be made , and that a sale of the property and distribution of the proceeds would be more beneficial for all the shareholders, the court may , if it thinks fit ,on the request of any of such shareholders interested individually or collectively to the extent of one moiety or upwards ,direct a sale of the property and a distribution of the proceeds.
