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meena (private)     05 May 2015

Selling of share in joint property

I am a married woman and we are three children to my late mother who died intestate in 1991 and my father who died recently. My father is not having any other property on his name. Our property is in Guntur, Andhra Pradesh. Among our siblings, my Brother (married), myself (married) and my sister (umarried). 

My brother is staying in the said property and claiming it as his own and doesn't want to share the property with both of us. My sister and I are living in other cities.

As a equal rightful co-owner can I sell my share in the said property to outsider without consent and knowledge of my brother ? or should we have to make partition and then only has the power to sell the share?

If I happen to file suit for partition of property in the court of law, how long will it take to get judgment? and is it possible to dispose off the case early by filing it in the Fast Track courts?

Regard, Meena



Learning

 1 Replies

DEBISREE ADHIKARY MISHRA (SENIOR LAWYER )     05 May 2015

HI,

U HV TO FILE A PARTITION SUIT IN THE CIVIL COURT HAVING JURISDICTION. IF U WANT TO SELL OUT UR UNDEVIDED  SHARE , U HV TO GIVE NOTICE TO THE OTHER TWO CO-OWNERS INTIMATING UR INTENT TO SELL.BCOZ THEY HV A RIGHT OF PREMPTION TO BUY THE UNDIVIDED PORTION ,IF INTERESTED BEFORE ANY OUTSIDER/ THIRD PARTY.

A PARTITION SUIT MAY BE DISPOSED OF  BY 5 YRS,IF PARTIES ARE WILLING TO OR IT MAY CONTINUE FOR 25 YRS,IF ANY PARTY WANTS TO PROLONG THE DISPUTE.BUT IT WILL BE TRIED BY A REGULAR CIVIL COURT, FIRST TRACK COURTS ARE NOT MEANT FOR PARTITION SUITS.

REGARDS

DAH


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