Suit for partition
anupam sharma
(Querist) 14 August 2014
This query is : Resolved
Vide a will of person, his wife, two sons and one daughter had each equal share viz 25% in one three storyed house. One brother dies nad his wife after getting her 25% share transferred in her name , sells the house at Chandigarh where partition by metes and bounds is not allowed. Such 25% of her share of the described house was sold without getting her share determined by Competent Authority/Court and put the purchaser in possession of whole first floor and one parking garage (i.e. excess of her share). What can be done by other shareholders now, besides filing suit for partition? Can sale deed be cancelled as the third party was in notice of her share 25% in joint house?
Devajyoti Barman
(Expert) 14 August 2014
Sale deed can not be cancelled. However of she has sold more than her share then excess area can be taken away from him by other co-sharers in the same partition suit.
ajay sethi
(Expert) 15 August 2014
file suit for partition if she has sold more than her share in property .
Dr J C Vashista
(Expert) 15 August 2014
I agree with experts, suit for partition will have to be filed.
anupam sharma
(Querist) 17 August 2014
is it prohibited under Hindu Succession Act in respect to sale of such unfregmentated building to third party?
T. Kalaiselvan, Advocate
(Expert) 20 August 2014
It is not prohibited under any law. One can sell his share of property but cannot sell others share with his/hers. Partition suit will provide you reliefs.
