Selling of joint ancestral property
L.K.RAO
(Querist) 23 October 2012
This query is : Resolved
We are a family of six brothers and five sisters.There was an ancestral property measuring around 11 cents. I presume, since it is ancestral property, all the siblings have equal right to the said property .However one of the brothers constructed a house in the front, on his own without consulting others about 20 years ago in about two cents' land.and since no one raised any objection at that time, this has become a fait accompli!
This brother expired in 1998.His son is living there now.
The remaining siblings now want to sell the entire landholding for which a meeting is arranged.The question is, in case ,the nephew does not agree for disposing the house ( in turn the plot),What recourse is left to the the others to realise their portion of the property.The one cent plot is so small and independent buildings cannot be built.Can the 10 siblings force the nephew legally to agree to the selling of the property ,since it is a joint holdings and everyone's signature will be required.If this is not feasible then the said property will remain vacant for years and by default may go to the descendants of the nephew after some years since all the living siblings are aged past 60 years!
Devajyoti Barman
(Expert) 23 October 2012
The best way to deal with joint property os to go for mutual partition where on can even relinquish his/her share with or without owelty money.
If any one disagrees then only recourse left is suit for partition which does take lot of time.
