SELF ACQUIRED PROPERTY OF MY MOTHER DIED INTESTATE ONE OF THE DAUGHTER DENYING TO SIGN FOR SALE

Querist : Anonymous (Querist) 26 September 2010 This query is : Resolved
My mother died intestate leaving her self acquired property [ i.e LAND AND BUILDING CONSTRUCTED OVER IT ] to her children. My father died before my mother expired. We are 6 children to our mother i.e 3 brothers and 3 sisters. Our sisters are telling they will not sign the papers for selling the property. I want my share which i am unable to get it. Is there any legal way by which I can force them to sell . Since the purchaser cannot wait so long we have to seek a new purchaser after the court decides. Usually how long the court decides such matters. How to get it done quickly thru court.

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Devajyoti Barman (Expert) 26 September 2010
If the other legal heirs are co operating then the only option left to you to file a suit for partition so that your share can be declared and demarcated.

Arvind Singh Chauhan (Expert) 26 September 2010
Yes file a partition suit.

s.subramanian (Expert) 26 September 2010
It will consume a minimum of one year to get it done through the court.

Daksh (Expert) 28 September 2010
Without physical partition on metes and bound basis the sale cannot be effected and after demarcation of share you may opt to compensate (if in case your sister/is/are agreeable ) for their share in the property.

Best Regards

Daksh

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