Pls enlighten me
bhuvi garg
(Querist) 06 October 2012
This query is : Resolved
house is perchased by my father n brother.can one sell without the consent of other.are they co owner or co shareres.co shareres can be co owners but not vice versa.what will be my share if it is sold one day.wat will be my share if my father dies without making will.both have lent the money fro their own pockets so its not a kind of ancestoral property.
thankx in advance
Devajyoti Barman
(Expert) 06 October 2012
Yes either of them can sell their respective undivided share in the property.
After death of your father his half share would be divided among his legal heirs including you and your brother whereas your brother's half share would remain untouched on the death of your father.
Adv.R.P.Chugh
(Expert) 06 October 2012
In such a case - during their lifetimes they can do anything with their respective shares, on each's demise his legal heirs (widow/children) shall take their half equally.
Guest
(Expert) 06 October 2012
The question arises, in whose name the sale deed has been registered? If sale deed has been registered in individual of any one of the two (father or brother), the position may be different.
bhuvi garg
(Querist) 06 October 2012
SALE DEED IS REGD IN THE NAME OF BOTH MY BROTHER AND MY FATHER.SIR PLS CLEAR ME.
K.K.Ganguly
(Expert) 06 October 2012
If the property is registered in both of their names jointly & if the property has been purchased with their self earned money then they can do whatever they want with their individual share of the property.
If your father dies intestate then your name comes as co-successor of his share of the house alongwith other successors.
If your father sells off his share of the house to your brother or anybody else during his lifetime, then you shall have nothing.
Shashikant V. Patil
(Expert) 06 October 2012
Though it is not a ancestral property, but it was purchased jointly by your father and brother without defining exact share, hence the property will be considered as undivided and after demise of father, his share will be equally divided among all brothers keeping their share intact.Once that is happened, still the same is remained undivided and if anybody want to sell their respective share, others have to give consent, because there was no partition took place by meets and bounds.
Sudhir Kumar, Advocate
(Expert) 06 October 2012
The successsors of decease dfather will have a proprotionate claim on the property subject to their aggregate claim no exceeding father's share.
