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hrishikesh parmar (deputy manager)     12 July 2011

Co-owners of the property

Dear All

My Father & his two brother are co-owners of the Agriculture land ( 1 acre) in my native place i.e veraval gujarat.My first uncle have 2 son & 1 daughter & second uncle have 2 daughter  

My Both the uncle are expired long back. we want to sell the property.

My First uncle children have given there consent for the sale of property.

My second uncle daughters are living in USA and they are not traceable. my Question is

Can we Sell this property without there consent?

Can we divde the land into 3 part and sell the 2 //3 part with the help of court.

Hrishikesh Parmar

 



Learning

 8 Replies


(Guest)

Your ancestral property will be divided into three parts

1. one share will be of ur father and other two share are given to your uncles

2. You cant sell someone's property but u can only sell your father's property.

Your uncles share will be given to their childrens

My second uncle daughters are living in USA and they are not traceable. my Question is

Can we Sell this property without there consent?

Please trace them, they are legal heirs of your uncle's property and not you.

hrishikesh parmar (deputy manager)     12 July 2011

My First uncle children had given there consent to sell the land

Can we divde the land into 3 part and sell the 2/3 part with the help of court

Raghav Sood (Lawyer)     12 July 2011

shally is correct

answer to another query yes by invoking partition in the proper forum 

Shradha (Student)     12 July 2011

I have a property in mumbai which is in the name of my first uncle, father & second uncle's name. My first uncle & father are demise & my second uncle has reliquish his right of the property in my father's name. My first uncle's legal heir wants to sell the property.

We currently reside in the property, we are residing in the said property for more than 30 years

Kindly reply on my below queries :

1. Can my first uncle's legal heir sell the property without our consent?

2. What documents are required to transfer the share certificate in name of my second uncle in my mother's name ( legal heir of my father) ?

3. Can we resist to sell the property?

 

Raghav Sood (Lawyer)     12 July 2011

shradha did your father executed any will and property seems to be residential house am in correct??

Shradha (Student)     12 July 2011

Its a residential property of my grandfather wherein 3 sons ( first uncle, father & second uncle) were nominee, now the share certificate is in the name of 3 brothers.

And my father & uncle has not executed any will.

Dipangkar (Business)     14 July 2011

Originally posted by :hrishikesh parmar
" Dear All
My Father & his two brother are co-owners of the Agriculture land ( 1 acre) in my native place i.e veraval gujarat.My first uncle have 2 son & 1 daughter & second uncle have 2 daughter  
My Both the uncle are expired long back. we want to sell the property.
My First uncle children have given there consent for the sale of property.
My second uncle daughters are living in USA and they are not traceable. my Question is
Can we Sell this property without there consent?
Can we divde the land into 3 part and sell the 2 //3 part with the help of court.
Hrishikesh Parmar
 
"


Yes. You can seek and sale your part (1/3 of the property),  unless the property in question have some other issues / arguments related with it. A Coparcener / member of a HUF can seek a partition sololy for HIS part of the Hindu Joint Family property.

 

The (1/3) share for that UNTRACED uncle's children can be left unsold.

Shradha (Student)     14 July 2011

I have a property in mumbai which is in the name of my first uncle, father & second uncle's name. My first uncle & father are demise & my second uncle has reliquish his right of the property in my father's name. My first uncle's legal heir wants to sell the property.

We currently reside in the property, we are residing in the said property for more than 30 years

Kindly reply on my below queries :

1. Can my first uncle's legal heir sell the property without our consent?

2. What documents are required to transfer the share certificate in name of my second uncle in my mother's name ( legal heir of my father) ?

3. Can we resist to sell the property?

 

Its a residential property of my grandfather wherein 3 sons ( first uncle, father & second uncle) were nominee, now the share certificate is in the name of 3 brothers.

And my father & uncle has not executed any will.


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