SALE OF SHARE IN LEASE HOLD JOINT PROPERTY
rajesh
(Querist) 18 February 2011
This query is : Resolved
DEAR SIRS.
WE HAVE A JOINT LEASE HOLD RESIDENTIAL PLOT/HOUSE (PROPERTY)IN DELHI WHICH WAS ALLOTED JOINTLY BY THE LAND AND DEVELOPMENT AUTHORITY TO MY FATHER AND UNCLE AFTER INDIA PARTITION AND WAS ALLOTTED AGAINST THE PROPERTY OF OUR GRANDFATHER IN PAKISTAN.
THE LEASE HOLD PAPERS STATES THAT "SUB-DIVISION OF PROPERTY IS NOT PERMITTED"...MY (LATE) FATHER AND OUR FAMILIY ARE RESIDING IN THIS FOR PAST 40 YEARS AND MY UNCLE(LATE) AND HIS FAMILY IS RESIDING IN BOMBAY AND HAVE NEVER STAYED THIS PROPERTY WITH US.(THIS PROPERTY ORIGINALLY WAS IN JOINT NAMES OF MY FATHER AND MY UNCLE)..
NOW BOTH MY UNCLE AND MY FATHER HAVE EXPIRED.IS IT LEGALLY POSSIBLE THAT WE(MYSELF,MY SISTER AND MY MOTHER)AS LEGAL HIERS SELL OFF OUR FATHERS SHARE IN THE PROPERTY WITHOUT THE CONSENT OF THE CO- OWNER (MY UNCLES LEGAL HIERS)IN THE OPEN MARKET.
ALSO WE WANT TO GO FOR A IMMEDIATE SALE AND DON’T HAVE THE TIME TO SUBSTITUTE OUR NAMES AGAINST OUR FATHERS SHARE/TITLE IN THE SAID PROPERTY.ARE WE LEGALLY ENTITLED TO GO FOR THE SALE AS LEGAL HIERS WITHOUT GOING THROUGH THE SUBSTITUTION PROCESS AS IT IS USUALLY A VERY LENGHTY PROCESS,AND WOULD TAKE MONTHS TO DO SO.PLEASE ADVICE.
THANKS AND REGARDS,
Raj Kumar Makkad
(Expert) 18 February 2011
Yes. You are well within your legal rights to sell off entire share inherited by all of you after the demise of your father without intimating the legal heirs of your deceased uncle and even without substituting yours name in place of your father as you all are ready to make signature.
