Rights to sell gifted property.
Naveen Kanth Dasari
(Querist) 10 October 2019
This query is : Resolved
Hello Experts,
I have query regarding one of my property. We are three brothers and my mom have acquired some 150 sq.yds of property through my maternal grand mother by way of a WILL. Later in 2006 the same property my mother transferred the property to us three brothers by way of a registered gift settlement deed, however it is no where mentioned in the Deed that all of us have equal share its only a simple Gift. Now I and my younger brother wants to sell the property as we stay in that house and as we live in our respective portions (my elder brother live on the first floor and me & my younger live in the ground floor) but our wives always quarrel with each other on a daily basis so unable to bear this I and my younger brother have decided to sell our share and buy some new house in different places, but my elder brother is not allowing us to sell the property though we have also asked to purchase the property if he is interested, however earlier my elder brother tried to sell his share to some third party and when i objected to it as I was interested to buy the same. Now our problem is we cannot live like that our wives fighting with each other on daily basis. I want a final solution for this. my queries are:
1. Can I file a case in the court so that the court can order my brother not to interfere in our property and we can
sell it easily without any problems?
2. Can we sell our share of property? can my brother file a case against us?
3. Is there any other remedy? But most probably i want a court order?
Plz suggest me.
Thank You.
Isaac Gabriel
(Expert) 11 October 2019
If your portion is a separate one,you can sell your portionindependently.
Dr J C Vashista
(Expert) 11 October 2019
File a suit for partition, possession and permanent injunction before competent jurisdictional civil court.
It would be better to consult a local prudent lawyer with relevant records for appreciaition of facts, guidance and proceeding.
However, if you are located in Delhi/NCR and feel so, may contact me (on appointment) at : Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 98912152939 email: majjagdish@yahoo.com or visit: vakil-saab.com
P. Venu
(Expert) 11 October 2019
You have posted many a query. What is the real issue?
RAVI K GOUD
(Expert) 11 October 2019
1. As Vasista sir said, file the partition suit and have demarcation for your (1/3rd + 1/3rd) shares and then you can sell at your disposal.
2.You can sell your undivided shares to any third party but they cannot take the possession till your partition and demarcation of shares is determined by all your three brothers through registered partition deed or through court order.
Naveen Kanth Dasari
(Querist) 14 October 2019
thank you experts, Vasista sir as per your suggestion I will file a case for Partition, possession and permanent injunction but my doubt is we are already staying in the allotted portion so do we still have to file for possession.
RAVI K GOUD
(Expert) 15 October 2019
Partition suit or registration of Partition deed executed by all the brothers (coparceners / legal heirs) is the best way to acquire the absolute title and possessive rights to avoid all tussles.
