Ashish Deshmukh (Construction) 25 February 2011

CAN A PROPERTY BE SOLD IF ONE OF THE 3 PARTNERS NOT READY?

hi everyone,

My father is very depressed because of his two younger brothers who want to sell a property which includes a hotel building and an open land.. three of them are partners in the said property(grandfather didnot specify the owners of land or hotel, the property is considered as whole).. My father never wanted to sell the property but he is afraid that his brothers will sell their part of the property without his knowledge.. can they sell any part of the property to other party? as i said above the open land and the hotel together is divided between the three brothers.. and it cannot be divided in any terms.. only the share are divided and 1/3rd belongs to my father..

plz help..

thank you.

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3 Replies

Ashish Deshmukh (Construction) 27 February 2011

Originally posted by :Ashish Deshmukh
"	hi everyone, My father is very depressed because of his two younger brothers who want to sell a property which includes a hotel building and an open land.. three of them are partners in the said property(grandfather didnot specify the owners of land or hotel, the property is considered as whole).. My father never wanted to sell the property but he is afraid that his brothers will sell their part of the property without his knowledge.. can they sell any part of the property to other party? as i said above the open land and the hotel together is divided between the three brothers.. and it cannot be divided in any terms.. only the share are divided and 1/3rd belongs to my father.. plz help.. thank you.	"

VIRAJ KADAM (Advocate Supreme Court of India) 01 March 2011

Dear Friend

In your case property is not demarcated and that the plus point for you. Your uncles can sell their share no one can stop them, but the prospective buyer won’t buy in ambiguity when he cannot demarcate his share.

Regards

VIRAJ KADAM

Adv Supreme Court of India

bhagwat patil (Property due diligence 9422773303) 03 March 2011

they can sale the undivided share in the property , but while taking posession it will be difficult to purchaser to specify the share witout your concent , so without your concent nobody will purchase the property. if atall any lame purchaser or any GUNDA type antisocial eliment purschase it your situation will be difficult.