Amit (Software Engineer) 03 May 2014
Hi
Me, my Mom and my brother are co-owners of property with 33.33% share. My brother and i are having a dispute over house matters. I and my mom want to sell this property but my brother doesnt want to, We are collectively holding 2/3rd of property share. We also have a loan on house for which i am paying the EMI. Is it possible that we can sell this property forcefully or through some legal way?
Dr J C Vashista (Advocate) 04 May 2014
Being undivided property jointly owned, you can sell your share.
But how will you identify and part with/ handover possession of the subject property to the vendee without partition and demarcation?
T. Kalaiselvan, Advocate (Advocate) 06 May 2014
If you fnd a buyer to buy the undivided share of the property you can go ahead or partition the property among yourselves properly in an amicable way and then go for disposing of your share in the property.
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