Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

lalit sharma (none)     02 October 2010

can a house owned jointly be sold

Mr X owns a house. He has two sons. The house is in Mr. X's name only, that is, in the registry of the house which is the only ownership document only Mr. X's name is mentioned. The name of none of his sons is mentioned in the registry. Mr. X dies without leaving any WILL about who will be the legal owner of his house after his death. Now the two sons claim that both have equal right over the house. The younger son wants that the house be sold and the money be distributed equally among the two. The older son wants that the house be bifurcated, i.e., a wall be erected somewhere and the house be divided into two halves. The younger son contends that bifurcating the house is not in his interest due to whatever reason. They go to the court. How will the court settle the dispute. Will the house be bifurcated, divided into two halves, against the consent of the younger son or will it be sold. Please advise



Learning

 2 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     02 October 2010

Dear Querist,

 

Having read the brief facts, I am of the following view:

 

Since Mr. X has died intestate (without making any WILL ), and also since younger son does not want bifurcation of house property, he may institute a suit for declaration by meats & bounds and as per the decree, he may then sell out his share in the property. In the meanwhile, younger son needs also to file suit for permanent injunction in the suit property so that older son cannot create/transfer rights by way of third party rights.

Trust this would suffice.

 

Rabin Majumder

Advocate & Attorney

New Delhi

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     02 October 2010

In addition to earlier advice:

 

Dear Querist,

 

Please be advised that you may also institute appropriate proceeding seeking letter of administration.

 

Trust this would suffice.

 

Rabin Majumder

Advocate & Attorney

New Delhi


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register