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ANKIT YADAV   28 November 2021

joint account of land

joint accounts of land is creating problem in selling the other part of account is not willing to divide land records
what can be done


 1 Replies

Anaita Vas   10 January 2022

The joint property cannot be sold if the sales deed in joint name does not specify the share of property with clear demarcation hence safer way is to have either consent agreement for partition of property and making other joint owner as confirming party to sale deed rest of advice can be provided after perusing the original joint sale deed to find legal way since the proposed buyer will not be much interested to buy property in joint name without consent of other party however if proposed buyer is ready to buy on as is where basis then legal way to execute sale deed for portion of property can be explored.

Will can be either registered will with sub registrar office in case will is registered the certified copy can be obtained after filing death certificate of person making the will or if will is unregistered will and you want to challenge the will you can file petition to declare will as null and void and in case you wish to support will you can file will probate petition in court for w authenticated by court by way of probable proceedings. In case of lost sale deed you can obtain certified copy from sub registrar office. If will is not executed then legal heirs as provided in Hindu succession act can claim the share in property.

A co-owner of a property is capable of selling his/her undivided share in the property provided the purchaser is willing to make a purchase in the said manner. the only other way is to partition a property, either through court or through a partition deed and then affect sale of divided property. 2. A will may be made even on a simple piece of paper. It only needs to be signed in the presence of 2 witnesses. Consultation is advised for remaining answers as the same requires more details.

 

Regards,

Anaita Vas


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