V S S N 10 April 2024

Immovable property partitions issue.

Intestate immovable Property registered to other by only three beneficiaries saying in Document as " What ever Portion comes to them after division that much portion they are selling to the party". Actually property is not divided.

Only One Person ( also a beneficiary) among those 4 family members didn't signed on that sale deed.

Is it a valid transaction? How to get the portion of the person who didn't signed on that?

How can we proceed now?

Pl. suggest.

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T. Kalaiselvan, Advocate (Advocate) 10 April 2024

If the cosharers or the legal heirs who are selling their share in the property in favor of the buyer, they can sell their udivided share in the property without any demarcation.

The buyer can subsequently file a suit for partition and get his share of property allotted through court of law if there is no micable settlement with the remaining shareholders of the property.

In the meantime if the aggrieved shareholder files a suit for partition and injunction then the buyer will be in problem i.e., he will not able to acquire possession of his share until the disposal of the suit for partition

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