Partition
Sashi Kumar
(Querist) 21 December 2012
This query is : Resolved
We are 2 brother and 2 sisters and Mother total 5 members of Hindu Family, My father passed away and left his property which was self acquired by him. We all agreed to sell the property except for one sister who lives in the property and does not agree to sell the property because she wants to get 1/3 of the total share which is not fair.
What can we legally do to get our shares when one member is not willing to do partition.
Devajyoti Barman
(Expert) 21 December 2012
The willing members can always transfer their respective undivided shares.
There is no hindrance in law.
Sashi Kumar
(Querist) 21 December 2012
So we can sell our share to third party. How do we transfer our share.
Do we have to give relinquish deed to third party for a consideration.
Raj Kumar Makkad
(Expert) 21 December 2012
Yo shall have to get registered sale-deed executed in favour of third party and not relinquishment deed as desired.
If the unwilling sister is occupying the entire portion of the property then first of all you shall have to file a civil suit for partition and possession against her and only then you can sale your separate portion leaving her alone as the buyer shall require the possession of thhe purchased portion.
K.K.Ganguly
(Expert) 21 December 2012
1) First file a partition suit & get the property partitioned with due process of law,
2) Take physical possession of your share of the partitioned property,
3) Offer to sale your said share to all other co-sharers at the price you have been offered by a third party,
4) If non of the co-sharers agrees to buy your share at the rate offered by the outsider, sale it to the outsider through a registered deed of conveyance.
Sashi Kumar
(Querist) 22 December 2012
The house is single story house 225 sq yard with 4 bedroom and 2 bathroom. How can it be divided and how take possession of it. Does the court orders to divide the property physically in 5 parts which will be 45 sq yard each. What happens to the building already on the land, does it need to be demolished.
V R SHROFF
(Expert) 22 December 2012
In joint property of residential house , the purchaser do not get possession of property on regd sale deed too, if one of the jt owner reside therein.
SO FIRST YOU HAVE TO FILE PETITION FOR PARTITION .
Once partition is over, you can sale your separated part of house to third party.
She can claim her right to purchase preferentially too, at the same price.
Partition , if settled, amicably, it saves lots of trouble, and time.
Raj Kumar Makkad
(Expert) 30 December 2012
Courts try to divide such properties as per practical aspects but if despite of entire best efforts, if property cannot be divide in proper way then the same is sold and the proceeds are distributed to the joint-holders in the ir proportionate shares.
