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Thirumalai Gautam   03 August 2020

One share holder not accepting for family settlement legally

Hello all,

We have common Family Property. we plan to sell this property. Property is 10 Cents and we are 4 People

But 3 people are  Ready to get the share the Property.But that 1  person is not agreeing for 2.5 Cents. They are demanding the more cents and not signing the Property

This is causing a Delay in total Property because of 1 person

How can we handle this issue 



 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     03 August 2020

Is the property is ancestral or jointly purchased?  However, 4 persons are having equal shares in the property.  so amicably settle the issue.   Otherwise, file a partition suit in the court by consulting a local experienced lawyer.

Thirumalai Gautam   03 August 2020

Thank youIyou Satyanaryana Sir

This is an Ancestral Property, from our Grandfather

I have already bought my brother share including their Sons signature..Now they are demanding equal share and threatening Us that they will not Sign

Dr J C Vashista (Lawyer)     04 August 2020

You can not force a coparcener (co-owner) in ancestral property to sell it to you or not.

You have no option but to leave his share if he does not agree to sell.

Thirumalai Gautam   04 August 2020

Hello JC Vashista Sir 

Thanks for your comment.

Actually We want to draw Boundary we are not going to sell. Because the person who is not signing is has only 5 % of total share. If we have Boundary then we can do individual compound and Business

Shashi Dhara   04 August 2020

File suit for partition and draw final decree in civil court against him

 

Dr J C Vashista (Lawyer)     05 August 2020

Originally posted by : Thirumalai Gautam
Hello all,

We have common Family Property. we plan to sell this property. Property is 10 Cents and we are 4 People

But 3 people are  Ready to get the share the Property.But that 1  person is not agreeing for 2.5 Cents. They are demanding the more cents and not signing the Property

This is causing a Delay in total Property because of 1 person

How can we handle this issue 

Hello Thrumalai Gautam,

In the first line of your statement you have stated, inter alia, that, ".......we plan to sell this property does it mean that you want to construct boundry ?

If so, file a suit for partition / demarcation / possession, permanent and mandatory injunction through a local prudent lawyer.

P. Venu (Advocate)     06 August 2020

Yes, the facts, as posted, clarity. And the subsequent postings of the author supplies more confusion.


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