LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

arunan   19 June 2020

Grand father property with out partitioned

Can grand father property be sold by 1of grand children independent his share alone with out partition among all legal heirs My dad and his bro have expired but my dad bro son is ready to sell his part of share in grand father property before partition is done and he is occupatied a portion of house which is main road side. He is black mailing us that he will sell his portion to some rowdies or parties is it possible to sell how to avoid this situation occuring


Learning

 16 Replies

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     19 June 2020

A sale of undivided interest can be made to a third party if the co-sharers reach a settlement for Partition of the said property by metes and bound and give an NOC for the same. In absence of division by metes and bounds, a sale remains valid and only the possession of joint estate cannot be enjoyed by the ytansferee unless the property which is subject matter of sale has a character of exclusivity.Where a share in a dwelling house belonging to an undivided family is transferred to a stranger; the transferee cannot claim joint possession or any common part or enjoyment of the house. He can enforce his right over the property by a suit for partition.

arunan   19 June 2020

I didn't understand properly

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     19 June 2020

Originally posted by : arunan
I didn't understand properly....Your cousin brother can transfer his undivided share in the dwelling house to any stranger purchaser in registered manner but that stranger purchaser has no right to reside therein until and unless such stranger purchaser obtains partition in respect thereof by filing Partition Suit before the Court of Law and in that Partition Suit,the stranger purchaser will not necessarily be allotted that main Road side portion of that dwelling house because the Court will consider all of your pleas also in that Partition Suit.

 

arunan   19 June 2020

Ok thanks now understood

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     19 June 2020

 Therefore if your cousin brother tries to irritate you by giving such threat,then tell him that even when he will transfer his undivided share in the dwelling house to any rowdy person just to compel you to live with that rowdy person in the same dwelling house,even then your cousin's mala fide motive will not be fulfilled until and unless that rowdy person as stranger purchaser by filing Partition Suit separates his portion and at that time you will get the opportunity to exercise your pre-emptory right as the shareholder of that dwelling house to repurchase that share from that rowdy person at and for such consideration so to be decided by the Court of Law in that Partition Suit.If in the Partition Suit,none of the existing shareholders of the dwelling house undertakes to exercise the preemptory right to repurchase,even then it is upon the Court's discretion,whether to allot that stranger purchaser the portion on main road which is presently under the occupation of your cousin brother because the Court will consider your pleas also claiming the main road side of the dwelling house. 

arunan   19 June 2020

Can I lodge a police complaint against him in local police station

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     19 June 2020

 If you have evidence in your support that your cousin brother is trying to cause harm to you ,then you can.

arunan   19 June 2020

He has given in writing in bond paper that he is taking the land paper from us and will do partion and sell

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     19 June 2020

Originally posted by : arunan
He has given in writing in bond paper that he is taking the land paper from us and will do partion and sell....This is not an offence.  He has the legal right to sale his share to anybody else but if such sale is done before partition, then that stranger purchaser can't reside in that dwelling house without partition.Through my earlier replies I have elaborately advised you in this regard.

 

arunan   19 June 2020

Yeah I understood but they are rowdies how can I alone handle court ll give resolution at future days but I want to stop this act itself

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     19 June 2020

Originally posted by : arunan
Yeah I understood but they are rowdies how can I alone handle court ll give resolution at future days but I want to stop this act itself...You can give your cousin brother the proposal to sale his undivided portion either to you or to any people of your choice but it's absolutely upto your cousin brother to sale his share even in undivided condition to any people of his choice who will give him best sale consideration and you can't obstruct him.

 

arunan   19 June 2020

Then I have to make seller and buyer as party and file a case right. If buyer enters the position

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     19 June 2020

Originally posted by : arunan
Then I have to make seller and buyer as party and file a case right. If buyer enters the position...From your reply it seems that you have not understood what I have been specified earlier through so many replies. 

 

arunan   19 June 2020

Sir/madam I understood that the buyer has to file partition suit to relinquish his rights on the item purchased

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register