I am an advocate and tangled with the problem of its unique kind. 1. My mother has two younger sisters and four younger brothers. So actually seven children are there who have one ancestral shop 30 * 20 sq. foot area in market. My mother and two younger sisters want to sell the shares but no buyer has coming forward as the buyer want whole (seven) shares of the seven children before purchasing.
2. All Brothers don't want to sell their shares to anybody. One brother has taking and doing trade business into the shop for so long. HE has not been sharing any profit earnings from the sisters. [i.e taking undue advantage and profits from that shop.]
3. I didn't want o file a partition suit for recovery of the title partition of our shares, as it requires heavy court fees and long proceedings. This property is also not able for making individual partition among seven children.
4. Now what the alternatives are ?
a. How to dispose of this property and gets the buyer excluding four brothers shares so that he purchases our shares?
b. File a declaration and perpetual injunction suit so that all the brothers cannot earn from the property. and leave it as it is forever ?
c. Property how dissolved without the interference of our four younger brothers ? Will court will provide any alternative so that the property will be dissolved without the four brothers shares.
5. At last, I want anyway so that the property is to be dissolved or being restricted forever being used by any brother. whether it lay empty closed shop into the whole-life absolutely till death.
Thanks for giving your valuable advise,
by KK Agarwal Adv, Muzaffarnagar , INDIA. Mb:- 09319365499
(Expert) 06 July 2009
I am of the opinion that the matter should be amicably resolved. Any other step is going to cause hurdles and the matter will linger for years together.
Kumar Krishan Agarwal Advocate
(Querist) 06 July 2009
Somewhat right but I have to go the hard way because I have no option left behind. So suggest hard option?
(Expert) 07 July 2009
Mr. Agarwal,you said there are seven share holder in one shop and only one share holder is in possession and enjoying the benefit in all. I think first of all you served a notice on behalf of one or more share holder as the case may be to the person who is in a possession demanding their share of rental value of the shop from the backdate as you think fit and also offer him to purchase the same according to market value,(because the person in possession has the first right to purchase the others share in the ancestral property) If he denied, proceed to the court to get their share, possession and share in rental value from the back date
(Expert) 07 July 2009
Dear Sir , In addition to mr. n.k.sarin's saying , you can file an individual petition in civil court itself asking legal opinion.