LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kumar Kumar (owner)     04 July 2011

Dispute amongst co-owner of property inherited by will

we are 5 co-owners of a property which has come to us by will . I have bought the ownership from 3 of the owners. So I am now 4/5th owner of the property. Unfortunately the 5th co-owner is not co-operating. All pricing was agreed verbally. Certain monies were given on good faith ( all in cheque). Now this co-owner has demanded 25% hike. I agreed to it also. But everytime the co-owner changes his stance . He is also now saying that he will mortgage his share to an outside party. This will mean a new person ( not from our family) becomes co-owner. He is also not contributing in society charges, electricity costs etc. Since it is family, i have not made any issue about it.

 

Legally speaking:

a) Can I stop my co-owner from mortgaging the property to an external person, or selling his share to a 3rd person.

b) Please advise how can i pressurise him in all legal ways to sell his share to me. 

c) The co-owner has no children. He is threatening to give his share by will to somebody outside the family. Can I prevent that ?

 

Expert guiadance and opinion on this matter will be appreciated. The property and family is Mumbai based.



Learning

 2 Replies

niranjan (civil practice)     04 July 2011

In whose possession the property is ? Whether physical partition of the property is possible? When you accept him as 1/5th sharer in the property,you cannot force him to sell it to you,however if will provides that the property should not be sold to outsider,you can enforce that right through court.mortagee do not get ownership of the share.Even if he sells his share,the purchaser will have to file suit for possession against you. If the property is capable of physical partition,you file suit to get your 4/5th share partitioned from the property.

Kumar Kumar (owner)     04 July 2011

Niranjanji,

Property is in possession of both. Both live there

Physical partition of property is not possible and also inconvenient as kitchen/bathroom is common

In the Will there is no mention of property can be sold/not sold externally. 

My main worry is that he should not be able to sell externally or pass on by will externally. If he does not want to sell, i dont want to fight to buy. All I need is my money back which I paid in good faith.( I have bank records of payments made, but no record or paperwork that says why payment is made)

Thanks for your help


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register