Can a coparcenar demand selling of entire dwelling house to get her share
Anguluri Annappa
(Querist) 25 August 2013
This query is : Resolved
Sir/Madam,
The AP GOVt in 1985 amended the law to make a daughter a coparcenar for equal share in the intestate's property. Now I request the experts to advice on the basis of the following points.
1. The intestate father died in 2001,
leaving behind his wife, 3 sons, one
married daughter all majors.
2. The only property is an old dilapidated
house and mother is living in that house
3. One coparcenar( married daughter) also
died in 2005.
4. Now the brothers want to demolish that
old house and construct a new house
before the corporation issue notice to
demolish the same.
5. On knowing this the son-in-law demands
a share in the property as he is a legal
heir, but cannot afford his share in the
construction cost.
6. Whether the sons along with mother can
get mutation in their names to go for
construction, without the son-in-law.
Now my query is whether he can demand the sale of entire property to get his share in
money, as sharing the small plot will be useless either for sale or for construction by partitioning. Pl advice.
Thanking you.
Anirudh
(Expert) 25 August 2013
You have every right to demolish the house for new construction. But it will be better if you get a notice (even by approaching yourself the corporation for this purpose) from the corporation to demolish the house.
On the basis of the notice, you can demolish the house. Then what you will be left with is nothing but a small piece of land (as you said it is only a small piece of land).
Now your brother-in-law is entitled to his share in the said land. If the piece of land is so small, you can definitely try to give his share of money, take his relinquishment deed, and then proceed to construct the new building.
Otherwise he will definitely create troubles for you. He can even approach court and stop you from doing anything further.
R.K Nanda
(Expert) 25 August 2013
meet local lawyer personally.
Rajendra K Goyal
(Expert) 25 August 2013
Contact a local lawyer with all the relevant documents.
Raj Kumar Makkad
(Expert) 25 August 2013
Making of demand is no problem but entire dwelling house cannot be sold on the demand of single cooparcener.
prabhakar singh
(Expert) 26 August 2013
A sharer can not insist selling of whole property for his share,the best right he has is to demand partition of his share.
What Mr.Anirudh has opined is the best way to approach to manage the problem you have.
Raj Kumar Makkad
(Expert) 27 August 2013
compensating such Coparcener by way of money duly calculated as per present rates over his share is the best remedy.
