Grandfathers property share

Since they are the class I heirs of the grandfather they all (sons and daughters of the grandfather) have equal shares in the property even if they were born before 1950. The one who wants his share can go to the court and the others may offer to purchase his share. 

Archana, Thank you very much for your quick response... We tried to offer the money, but he is demanding more what we are offering... Also as I said the house is in Prime Location, when he go to the court, what value will the court consider, is that the market value or the govt value?

The Market Value (Circle Rate + Contemporary Equivalent Sales) are considered. The property being a dwelling house the other co-heirs have definitive right to buy out the share of that willing to sell. If he does sell it to somebody else then also your right to premption stays and the stranger can neither get joint possession nor partition of the property (S.23 HSA/S.44 TPA/S.4 P.A)

Feel free to talk !

Market value of course. The other heirs can show the court their willingness to purchase his share. If the others are ready to pay him the market value of the share then, the court will not allow him to sell it to any third party.  

Bharat, Thank you for clarification...

Thank you once again, Archana!

I have similar, but a little different question. Can someone help me answering it.

https://www.lawyersclubindia.com/forum/Civil-notice-on-registered-sale-deed-heirship-issue--59649.asp

https://www.lawyersclubindia.com/forum/Incomplete-addrees-in-purchase-deed-legal-notice-issues--59652.asp

thank you.

@ waman sarre,

You can file a suit for partition.

archana mam thanks for reply, the property is so old but its been already devied between my grandfather and his brothers, but yet not devided in between my father and his brothers, shall i get my share????

And if yes,

What will be the procedure for same?????

i dont want to make big sin in famely but i want my share.....

If you do not want to create any scene in the family it is better to resolve the matter at the family level. However, you can contact a local lawyer and give legal notice to the co-sharers demanding youir share. If they are ready to give then ok else file a suit for partition in the court.

archana mam thanks for reply, the property is so old but its been already devied between my grandfather and his brothers, but yet not devided in between my father and his brothers, shall i get my share????

And to whom i have to give legal notice to????