Selling of property
suresh kamaraj
(Querist) 29 May 2013
This query is : Resolved
I ask this question on behalf of my friend.
My friend's father inherited the properties from his ancestor's. He got the properties by the partition deed. Now he is no more.
My friend along with other two sister's were the legal heir's. Now my friend wants to sell the property with the consents of his sister's. Trying to convince his sister to sell the property. But the sister's don't agree to sell the property.
After several request he made to his sister's there is no compromise from their side. But my friend have some debit to settle down immediately.
Is there is any way's to sell the property with out his sister's consents?
Legal or out of way to sell the property.
Kindly advise.
Raj Kumar Makkad
(Expert) 29 May 2013
Your friend has no need to obtain consent of her sisters for the sale of his share in the property. He can also provide the joint possession to the buyer.
suresh kamaraj
(Querist) 29 May 2013
But it is an undivided share. It is an 3 acre land. In this case how to know the portion/extent of his share without having any partition deed among him and his sister's.
Raj Kumar Makkad
(Expert) 29 May 2013
The mutation entered after the death of your friend is the only document showing the share of your friend. If your friend have only two sisters and have no brother, mother and grandmother then he is having a share of 1 acre in that land and there is no requirement to get partition of joint agricultural land prior to its sale.
suresh kamaraj
(Querist) 29 May 2013
i would like to give you some more info about this case.
Among the three legal heir's one of his sister is mentally retarded. The other sister got the court order to be the manager of the mentally retarded sister. The court appointed her as an manager of the mentally retarded for his welfare and to maintain the said property with the condition that the property cannot be sold or mortgaged.
In this case if my friend want to sell his share as well as claim right of the mentally retarded person share is it possible to do so!!!!
Though my friend is not interested to sell his mentally retarded sister share.
The buyer forcing him to sell both his share as well as the mentally retarded person's share. As my friend is in a difficult situation, he is in a position to obey buyer's order.
Raj Kumar Makkad
(Expert) 29 May 2013
Who had obstructed you to post entire information in one day and why are you putting the facts in piece meal system?
a seller is not meant to obey the order of the buyer. Whether he is buyer or the master of the seller?
Sale is a mutually agreed agreement on certain terms and conditions and none of the parties can force the other to execute an agreement against his whims and wishes.
Your friend can sell only his share and not of his mentally retarded sister.
suresh kamaraj
(Querist) 29 May 2013
small correction in you reply.
My friend is one of the legal heir's of his father inherited property through the partition deed made among their brothers.
My friend is still alive and his father is no more.
Sir, i am very much impressed about your reply. I still have many more doubts. I will compile it as one post of all my queries. Ki
Raj Kumar Makkad
(Expert) 29 May 2013
I have not written anywhere in my reply that your friend is no more. I have even written in last line of my last reply that 'your friend can sell only........' which shows that I have not treated him as expired. How have you smelt such breathing?
Shashikant V. Patil
(Expert) 30 May 2013
The land is undivided and not yet partitioned , as Rajkumar Makkadji agreed to sell it out of undivided joint property, however, since there is no partition took place by meets and bounds so, consent of his sisters are required to be obtained for sale of his own share also.
suresh kamaraj
(Querist) 30 May 2013
i welcome Mr.Shashikanth Patil reply & would like to know anyone disagree with his reply.
Appreciate your comments in either(agree/disagree) cases.
suresh kamaraj
(Querist) 30 May 2013
Sir, Mr.Rajkumar Mukkad if i said anything wrong my sincere apologies. No worries. I take everything in an positive note.
Kishor Mehta
(Expert) 31 May 2013
Sir,
As you have stated the area as 3 acres, I presume it is rural land. The proper procedure to go about a division of rural property is to get the same surveyed by the village panchayat/Taluka authorities and proper divisions/dimensions to be decided in the presence and consent of all parties. Then your friend can sell the property that has come to his share.
Since the Court has already appointed one of the sisters as guardian of the mentally retarded sister, with certain conditions, your friend has no say in the share of the mentally retarded sister.
Good Luck,
Kishor Mehta
Raj Kumar Makkad
(Expert) 31 May 2013
It shall be better for Patil and Mehta to cite the particular rule/law vide which it is provided that the co-sharer need permission of other co-sharers to sale his own share.
Kishor Mehta
(Expert) 31 May 2013
Sir,
With due respect, it is not my contention that a co-sharer can not sell his share, or that he needs permission from other co-sharers to sell his share. I only wanted to draw attention that one should be clear about the exact division/dimension and geographical position of one's property to make out a sale deed. The exact dimensions and positions of the property to be sold is a mandatory requirement.
Once again with due respect.
Kishor Mehta
Raj Kumar Makkad
(Expert) 31 May 2013
I do agree with your contension Mehta ji but if we go through the query of the author, we shall reach to the conclusion that he wants to sell his share only and sale deed of the agricultural land can be made in joint possession. There is no need to mention the exact dimensions rather share in Khewat, Khatoni and Khasra no. is sufficient to be mentioned in the sale deed.
Shashikant V. Patil
(Expert) 01 June 2013
I would like to add few, no buyer will take such land without consent of other co-shares in case if the joint undivided family property as no sharers boundaries are fixed by meets and bounds. And there is law well expressed regarding undivided property that, every co-sharers /co-owners have a right on every piece of land in the whole undivided property unless there is no partition.
