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subbalaxmi (Engineer)     05 October 2014

1 brother not co-operating for property sale

I want to sell my father's property urgently as 2 of my sisters want their share of money urgently.We are 9 children of our parents.I am the eldest son.All of us are ready to sign the sale agreement ,except 1 brother named B3  , who is making excuses and not co-operating for the same. We are ready to give equal share to him.One  of our sisters is mentally challenged and this brother  B3 and his wife  has not done anything to share the responsibilities of taking care for this sister.So he is evading all of us now. Can the registrar or some legal authority force him to co-operate for selling the property? What is the procedure?Pls advise.



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 5 Replies

Venkatesh Naidu Akula (advocate)     05 October 2014

As read your problem,it is understood by me that your father left the property intestate.so as per Hindu succession Act, all the legal heirs of your father including your mother,if alive, are each entitled to a share.if any of such a heir/heirs feels/feel to alienate his/their undivided property, such a heir/heirs can do so by executing a document without the permission of other heirs. Such an alienation shall not include the shares of other heir/heirs. Because the alienating heir is not entitled to do so. With regard to the share of one of the sisters who is said to be mentally disordered, such share can only be sold withthe prior permission from the competent court i.e., normally and generally the district court by filing a petition under the relevant provisions of the law.

Anirudh (Advocate)     05 October 2014

All of you, separately send a letter offering your portion/share for sale to him. Give him one month's time to respond. In the letter itself, you state that in case he does not respond within one month, then you will approach competent court for partition and permission for sale of the property.

Suneet Gupta (www.vashiadvocates.com)     06 October 2014

In this case you can file a suit in the local Civil Court for partition of the Property and allocation of separate shares to each heir. The court will dispose of the property and distribute the proceeds, if the property cannot be partitioned into individual pieces.

You can give a legal notice to the procrastinating brother if you want, else you can file a suit directly.

subbalaxmi (Engineer)     07 October 2014

Thanks.What is procedure of giving legal notice? Partition deed procedure is possible only if this brother B3 is willing to sign .right?How much time will the petition take ?

Anish Thakur 7018812737 (advocate)     16 October 2014

You all  can sale your respective share in the property.No need of your that brother who dont want to sale that property


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