Property dispute
Asoke Kumar Ghosh
(Querist) 17 August 2013
This query is : Resolved
I am one of threejoint owners of a house property in Kolkata. Dispute and differences
regarding use, maintenance, housekeeping
has increased due to absence of any legal
instrument for the same. Father owned the
property by partition. After death of parents
an amicable verbal agreement of apportioned
use was reached wherby two brothers living
in the premises will have half share each and married sister ,living in her her husband's house as widow, wanted relinqishment. Execution of a legal document
was refused by my brother after creating
dispute of use, disrepecting previous
verbal agreement. The house cannot be
partitioned by meets and bounds. I dont want to live in the joint property, unsafe
and uncertain.
Can I demand sale of the property/
What is other option?
Expert advise is requested.
Devajyoti Barman
(Expert) 17 August 2013
Undivided property can always be sold.
If you get a buyer , sell it.
Rajendra K Goyal
(Expert) 17 August 2013
you can not force other join owners to sell whole property. You can sell your share in undivided property.
Raj Kumar Makkad
(Expert) 18 August 2013
Every one has independent right to sale his undivided share in joint property but other co-sharers cannot be forced to sale their share along-with such person. The possession within the right of the seller can also be given to buyer without NOC of other co-sharers.
