house constructed without partition

Three brothers bought and registered a joint property. In that they constructed 3 houses without any partition deed. Now one of them died and his wife wants to register and sell her house. The other two brothers are not ready to sign any document. What are the options for the deceased brother's wife. Advance Thanks for your responses.


hi, deceased brother's wife can sale her husband undivided share by way of sale deed and that time other 2 brothers sign is not require.

she can sale her part by way of sale deed.


Advocate Solicitor & Consultant

Dear Friend, 

Though the wife of the Deceased brother can sell off her Husband's undivided property by her own but here the question arise the purchaser will must want to see the property well demarcated and take the possession of it. So in this circumstances how it will be possible?

Thus, the Wife should first go the the civil court for the Declaratory suit  of partition and possession and then sale the property of her husband getting it transferred to her name.

For further legal assistance on nominal charges,  you can contact undersigned on below given  phone number.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.

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Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)

Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
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Total likes : 1 times

Lawyer/Fight for justice

Property is joint one,

hence you have to file Partition suit in civil court...


@ anand bali,  for you, there is some rule of LCI , we should follow the same,

you can not said like that

"For further legal assistance on nominal charges,  you can contact undersigned on below given  phone number.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal. "

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GRAN Kai, mention that  they constructed 3 houses without any partition deed.

 she don't  need to file suit for possession, when she lives in same house.

wife can sale her undivided share to anybody and nobody can stop him to do so.


Legal Adviser

You should contact an experienced lawyer & ask for filing property suit.


The wife of the deceased no doubt can sell her portion of the undivided share in the property, it is legal, agreed, but what about the buyer, he will be insisting about the properly demarcated property with check boundaries, hence it is always better to get her share properly partitioned and dispose her share of the property as per her wish.

Total likes : 1 times


First get the link document of the whole property and file a partition suit  in civil court.




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