How to sell joint property
atul
(Querist) 11 July 2011
This query is : Resolved
Sir, we have a joint property in our native place. This house property was belongs to our Grandfather named Shri Balaji who is no more now. He was having 5 Sons named Someshwar, Manohar, Sharad, Arun & Bhaskar & 1 Daughter named Mrs. Usha among which Mr. Someshwar is no more now. Late Mr. Someshwar is having 3 sons Mr. Anil, Atul & Kishor and 1 daughter Mrs.Bharti.
Mr. Sharad, Arun, Bhaskar, Anil, Atul, Kishor and Mrs. Usha & Bharti wants to sell the said house property. But Mr. Manohar who is residing in the said property since 30 years do no wish to sell the said property.
In this situation can the said house property sell out legally. What is the way for the persons except Mr. Manohar to sell out the said property ? please guide us.
R.Ramachandran
(Expert) 11 July 2011
You have to file a suit for partition of the property. Once the partition takes place, then you will be able to sell the same. In case Mr. Manohar wants to buy out your shares, he will do so, by paying market value of your shares. Without getting partition of the property, you will not be able to sell UNLESS mr. Manohar also agrees to it and signs the Sale Deed.
prabhakar singh
(Expert) 12 July 2011
Expert : R.Ramachandran is right unless a partition either amicably or by court,takes place,your uncle will not allow others in the house, since it is a residential house,he has also right to purchase other shares on market value.Generally people in india who are found in your uncles' position have only one intention that 'delay the matter'.
Adv. Sunil
(Expert) 12 July 2011
@ Atul: Co-owner can sell his right, tilte intesest up to his share in the property.
A suitable sale deed can be executed and registered for your share in respect of the property.
No Partition Deed is required.
Advocate. Arunagiri
(Expert) 12 July 2011
Co owner can sell his right, but it is too difficult to take possession without demarking of the property share.
