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Tarun Mitra   30 December 2023

Do not know names and addresses of co-owners of inherited joint property

We have a joint ownership property that was purchased by great-grandfather about 100 years ago and we do not know the names and address of some of the heirs/co-owners. There are branches of family that we lost touch with.
Is it possible to partition, since we do not even know the names of the heirs of some of the branches of family tree.
Is it possible to sell our share of the property without partition?
Is it possible to lease whole/part of the property before partition?
What is the best way forward?


 5 Replies

T. Kalaiselvan, Advocate (Advocate)     30 December 2023

You can file the suit for partition against the persons whose particulars are available. 

If at all any other person emerges as a co sharer at a later stage, you can include them then 

kavksatyanarayana (subregistrar/supdt.(retired))     30 December 2023

The property was purchased by the great-grandfather about 100 years back and is not partitioned to date. Did you obtain EC for the property?

Tarun Mitra   31 December 2023

The municipal records still show my great-grandfather as owner, property could not be mutated in municipal records since there was a suit pending in the courts for many years. Property was never mortgaged and there are no outstanding loans or cases.

kavksatyanarayana (subregistrar/supdt.(retired))     31 December 2023

What a surprise though the property was purchased 100 years back not mutated to date.  Which suit has been pending in court for many years and against whom?

samevans   10 January 2024

Joint tenancy is a legal arrangement in which two or more people own a property together, each with equal rights and obligations.https://www.lawyersclubindia.com/forum/liabilities-should-also-be-car games-retrospective--232343.asp 

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