D. M. Puri (Service) 17 January 2019

Inestate property

The house is in the name of my mother who died without writing a WILL in the year 1991. We are 4 legal heirs (sons/daughters). We are not able to reach an agreement regarding sale of the property. Please clarify- 1. Can I sell my share in the property for consideration. 2. Can I legally compel other legal heirs to dispose off the property. 3. My brother is occupy the property who along with me is interested to sell off the property. 4. What are the legal remedies available to me. Please guide Regards

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2 Replies

Pradipta Nath (Advocate) 17 January 2019

For query no. 1:

You can sell your piece of property.

For query no. 2:

No. you cannot legally compel other legal heirs to dispose off their share.

For query no. 3:

This is not a query but only a proposition.

For query no. 4:

1. Please file a partition suit so that your part of property can be demarket.

2. As the property has 4 legal heirs therefore unless all of you agree for developing it under a project the partition decree may not serve the purpose.

3. Therefore seat together and sell your ideas.

Shashi Dhara 17 January 2019

do what u think take money from buyer if any one opposelet they will go to court.why do u worry .Ur lawyer will think about .it be happy.the court will give decree to purchaser on Ur share.