Anyone please reply!
My ancestral traditional home was jointly co-owned by my granfather and his brother(which they got transferred from their parents and divisioned and partitioned among them). Now, we have no issues/claims with the other half of the property owned by my grandfather's brother's family members; instead, we have disputes in our share.ie. 50% of the entire property.
This half of the house, which was once in my grandfather's name got under a legal battle few decades ago and we fought to win the case. On winning the case, my grandfather's share of the house was tranferred to the names of his three sons ---- my dad and his two brothers. Few years ago, one of my father's brother issued a release deed out of the property. As a result, this 50% of the entire house is now co-owned by my dad and one of his brother. There is no clause stating the demarcation of areas between this two, but the 50% is totally co-owned by both and rooms are shared by understanding and verandahs are used in common.
Now, my dad wants to sell his entire holding share of the property.ie.25% of the entire property, but my dad's brother is opposing. Is it possible for my dad to transfer the property to some X without NOC from his brother and any other concerned. Or what can be done to sell this. We are in urgent need to do this step but we cannot expect any kind of co-operation from my father's brothers...... Please advise!
Location: Karaikudi, Tamil Nadu
