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SUSANTA KR MUKHOPADHYAY (SERVICE)     04 May 2022

Sale of inherited landed property with multiple owners

Sir,

When properly owners dies and his property is inherited by multiple owners viz sonz,daughters, grandsons and so on can this property be sold without concurrence of each stake holders 

Unpartioned land 

With regards,

Susanta Kumar Mukhopadhyay



Learning

 5 Replies

Advocate Y.K. Mehrotra (Advocate)     04 May 2022

Hello

Supposing property is a single piece of land. Then one has to file for partition, post then the shares can be sold out.

However, one can by way of a family settlement get that arrangement and can sell that within the family.

For further queries contact me at ykumarmehrotra@gmail.com

Advocate Bhartesh goyal (advocate)     04 May 2022

If property owner dies intestate then his property rights devolve to his legal heirs and without being partitioned the property one co sharer can sale his undivided shrae to purchaser but can not handover possession of property.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 May 2022

You may sell of the property subject to your share in it. it does not matter that the partition has not taken place. the person buying your share can seek a partition later on also. the question of consent is immaterial til the time you are selling your share in the property.

SHIRISH PAWAR, 7738990900 (Advocate)     05 May 2022

Hello,

After the death of the property owner, his sons and daughters will be legal heirs entitled to the property. Concurrence of grandson and so on.... is not required as they are not the legal heirs. Share of willing legal heirs can be sold without the concurrence of other legal heirs and later on partition suit can be filed. 

Divya Vijayan   05 May 2022

Hello!

The property would be inherited by class I heir first then comes class II heir at last agnates and coagnates. Under Partition Act of 1893, you can only sell the part of the property that's been allotted to you through partition suit. 

Before filing a partition suit, a legal notice must be served to all the co-owners specifying their interest in the property, their share, and the action to be taken and try to settle the dispute. Even after this, if the dispute is not settled, then a civil suit is filed before the Court. 

In the case of Shashidhar & Ors. v. Ashwini Uma Mathad & Anr.(13th Jan, 2015) It was held that when a suit is filed by a co-owner or co-sharers or a coparcener for partition, it is necessary for the court to analyse the following details in the first instance which are as follows:

  • The nature and character of properties in a suit 
  • Devolution of his/her interest in the property took place consequent upon his/her death on surviving members of the family and in what proportion, whether he/she died intestate or left a testamentary document in favour of any family member to inherit his/her share in properties and if so it’s effect.
  • Whether all the properties are involved in the suit and all the coparceners are parties to a suit
  • Whether the properties in the suit are capable of being partitioned and if so, in what manner

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