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Simon (Executive)     12 August 2014

Brothers not letting sell property

Hello,


My mother has 4 other siblings and they have some ancestral property in Amravati. Out of these 5,  3 are ready to sell the property as we already have a buyer. These 3 have signed an NOC. But the other 2 are not ready. Earlier, they had filed a case asking share in these properties. The court observed that if the property can be divided equally, it has to be done or else sell the property and distribute the proceeds of the sale among the 5 of them. 14 years have been passed and no one did anything.

Now the buyer is asking to do the registration of the said property. But for the mutation and City survey formalities we would need all the 5 to be present. The buyer is saying I would have someone else to assume the place of the 2 non-agreeing parties and get it done. But we think its illegal. Is there any way that we could sell this property and give the share to all without any delay in the process?

I would appreciate if someone shows a way out.



Learning

 1 Replies

Kumar Doab (FIN)     12 August 2014

Is the disagreement to sell on record by 2 Legal Heirs? Bring it on record.

Don't be a party of any illegal acts.

The court order was clear.

Can't the property be divided equally?

Consult a local lawyer again.


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