Right to sell plot
YOGESH AKULWAR
(Querist) 26 April 2014
This query is : Resolved
Dear Sir,
My father has expired in 2001 and at his working time he purchase a plot. He has First wife who died after marriage of 4 year and then after he married with my mother. First wife has one son but he has no concern with us from his birth. Plot is still in the name of my father and nobody except my mother know about this plot. Now i want to ask ...
1) should I have write to sell this plot without permission of any one?
2) Is there is problem in Transfer to my mother's name?
3) can in feature first wife's son claim on this plot?
4) Should I transfer/sell to another person .
Please help me to take decision.
ajay sethi
(Expert) 26 April 2014
your step brother has right in father property .
on your father death your mother you and your step brother have 1/3rd share in said property . you cannot sell the said plot now to any third person as you are not absolute owner of said plot .
be fair and give your step brother his rightful share in the said property
YOGESH AKULWAR
(Querist) 26 April 2014
Dear Sir,
I agree but from long time we have no contact with him. No body knows where he is gone & leaving now, so what to do?
Advocate. Arunagiri
(Expert) 26 April 2014
File a partition suit. Make that man as a party. Give the last known address of that party.
Notice will be sent to the party, if notice gets returned, seek permition for paper publication.
If does not appear, the court will order your case exparte.
Rajendra K Goyal
(Expert) 27 April 2014
You, your step mother are shareholder in the property. You can sell your own share.
1. Can sell only your share not full property.
2. you can transfer your share no problem.
3. He has share and can claim.
4. You can to the extent of your share only.
T. Kalaiselvan, Advocate
(Expert) 30 April 2014
As opined by experts, you, your mother and your step brother are the legal heirs to succeed to the intestate property of your father upon his death and since you say that your step brother has not been heard of for very long time, it will be better to keep his share in the property on hold while transferring your share in the property by sale or any other means. Legally you cannot sell his share of property.
