Srinivas (Self Employed) 06 September 2012

Dispute regarding selling property

Dear Sir/Madam,

My father died w/o will and now we are 2 sons and 2 daughters (legal heir), daughters want the lone high value proterty to be sold and be given their share immediately. Mother says I will stay in the house till her last minute and is emotionally love to stay in the house. 2 sons and one daughter support mother but one daughter is filing case to liquidate the property so that she can get cash immediately, does she has chance to win the case ?

In joint ownership can one more person stall other individual's interest ?

Please help.

Thanks & Regards

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3 Replies

Srinivas (Self Employed) 06 September 2012

Is absolute understanding a must for sharing/liquidating a jointly owned property by all parties involved ?

Thanks & Regards,

Adv Archana Deshmukh (Practicing Advocate) 06 September 2012

The daughter is entitled to her share. But it is not necessary to sell the property to give her share. The other heirs who want to retain the property can calculate her share as per the market value of the property and pay her cash and can purchase her share and thus the property will not be sold to any third party and the daughter will also get her share.

Srinivas (Self Employed) 06 September 2012

Dear Madam,

Sorry for not putting my point prroperly..., mother says that she is not willing to sell the house till her death, all support it except one daughter, in such case, will shhe have to wait till that time or she can file case and get some relief, the amount cannot be settled as it is very huge it can be settled only after sale of the house....my mother is adamant and is not willing to part with her house....literally this means she has to wait and wait. what are solutions in this case 4 vs 1 ?

Thanks & Regards