Property matter

ssbhar (Querist) 09 March 2015 This query is : Resolved
Sir,
My father had a joint property with his three brothers in village in delhi . My father expired in 2013 leaving behind three legal heirs. The partition of the said property is not possible . Can an application for appointing LIQUIDATOR/RECEIVER be filed in the court for sale / auction of the said property and proceeds be distributed among share holders / legal heirs accordingly . 2) does the court have powers to appoint liquidator/ receiver directly on the application/petition of one of the legal heir . The part of the property is in possession of my one uncle . Kindly advise . Thanks .

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Devajyoti Barman (Expert) 09 March 2015
First file a suit for partition and then apply for appointment of receiver. The court can appoint receiver it you fulfil the conditions laid down in ORDER 40 of CPC.