Property distribution
karan vazirani
(Querist) 07 March 2011
This query is : Resolved
Dear sir,
I have a property in mumbai. it is name of my father and grandmother ( both deceased ). My father has 10 brothers and sisters.Some are alive , while others have passed away. I own 50% of the property and the balance of the property belongs to the rest of the family. We have now decided to sell the property. The problem is, that out of all 11 parties involved... 10 people have agreed and signed documents, but there remains 1 person who is not agreeing and creating a block. The person here i mentioned is the husband of my fathers' late sister. Please note he does not live on this property. he has his own house elsewhere.
The family is ready to give him a fair share as is been given to others, but not ready to meet his unfeasible demands.
Is there any law that can help us to sell the plot without his signature?
Is there a process by which we can give a bond to the court and go ahead with the sale without his signature?
How long would the above procedures take?
If we go in for redevelopment of the plot, can he create a legal block? would his signature still be required?
What would be a better option in such a situation? to sell or to redevelop?
Uma parameswaran
(Expert) 07 March 2011
You can leave his share and sell remaining part.
karan vazirani
(Querist) 07 March 2011
@ uma parameswaran
Thank you ma'am for your advice.
But can you please elaborate a little...The plot is just one piece of land...there are no marked areas belonging to anyone... so how do we leave out his area? Do you mean we should partition the plot? if yes, how does one go about the process and what would be the approximate time for such a process?
