Notice/intimation

shyam lal (Querist) 17 June 2021 This query is : Resolved
As per registered WILL of the father in respect to immovable property either of the two beneficiary who have equal share , can sell his 50% to a third party.if one refuses to buy co share holders share.by giving notice ,as mentioned in the WILL.
Query can a simple notice be sent to the co onwer intimating sale of share to third party through a email .Note there is no mention of word like Legal notice through lawyer.kindly advice.
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If you co-own inherited property with equal shares as per a will, you can sell your 50% share to a third party if the other beneficiary declines to buy it. Recent Supreme Court rulings confirm that notices, including intimations of sale, can be validly served via email or other electronic means, not just through a lawyer. While not always legally mandatory to issue a formal notice if the co-owner refuses to buy, it's advisable to inform them of your intention to sell to a third party for evidentiary purposes. It's also recommended to have the property formally partitioned beforehand to avoid future complications for the buyer.

Advocate Bhartesh goyal (Expert) 17 June 2021
Yes,As per recent judgment of S.C, notices/summons can be served through e-mail, whatsapp and other electronic media and such service will be deemed proper..It is not necessary that every notice should be sent through lawyer, party/litigant can also issue notice his own if he understands the facts and law.

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kavksatyanarayana (Expert) 17 June 2021
Yes. One co-sharer may intimate or may not intimate as he is selling only his 1/2 share. It is better to inform the co-owner in the usual manner.

T. Kalaiselvan, Advocate (Expert) 19 June 2021
If the co-sharer wnats to sell the property and after approachig the other shareholder with an offer to sell him the said property, in the event of the refusal to buy by the other shareholder, then this beneficairy can sell his 5-0% of share in the proeprty even without issuing a legal notice to the other person, however for the purpose of evidence he can issue a legal notice to the other party about his intention to sell his share in the property to a third party prospective buyer owing to the refusal of the other shareholder to buy the same.
However it is advisable to have the property properly partitioned with demarcations so tht the buyer do not face any problem in future about partitioning and taking possession of his respective share in the property.

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