Transfer of joint undivided property by majority share holder except 1 out of 43 numbers.
ashis talukder
(Querist) 15 October 2015
This query is : Resolved
There r 43 legal heirs of an undivided hindu property in west bengal with different % of undivided shares.Only one member staying abroad having 05.55% share in that undivided joint property is not ready to sell/co-operate.
Can 42 members sell their 94.45% share of d property(through POA)basis of majority to a willing buyer?
If d buyer buy from them(42) & get possession of that property,then what will b d effect/defect?
Mainly what LEGAL trouble/obligation may b faced by d purchaser?Can unwilling member do INJUNCTION even after purchase for his right/title?Plz guide as per Law.Thnx.
P. Venu
(Expert) 15 October 2015
If there is willing buyer, he may purchase the property and demand partition or file a suit for partition at his discretion.
Rajendra K Goyal
(Expert) 15 October 2015
The purchaser may purchase and file case of partition.
K.S.Srinivas
(Expert) 15 October 2015
No legal trouble to the purchaser. The purchaser can purchase the property and go for partition.
Rajendra K Goyal
(Expert) 15 October 2015
Repeated:
http://www.lawyersclubindia.com/experts/Sale-of-undivided-joint-property-565816.asp#.Vh-yqvmqqkp
T. Kalaiselvan, Advocate
(Expert) 18 October 2015
The HUF members can partition the property mutually among themselves and allot the unwilling member's share separately and arrange to sell the other members' share jointly.
Under Hindu Law once the status of Hindu Family is put to an end, there is notional division of properties among the members and the joint ownership of property comes to an end. However, for an effective partition, it is not necessary to divide the properties in metes and bounds.
Partition could be partial also. It may be partial vis-a-vis members, where some of the members go out on partition and other members continue to be the members of the family. It may be partial vis-a-vis properties where, some of the properties, are divided among the members other properties continue to be HUF properties. Partial partition may be partial vis-a-vis properties and members both. Under the Hindu law, any coparcener can make a claim for partition. Under the Hindu law, any coparcener can make a claim for partition.
It is not necessary that other coparceners should agree to the partition sought by one of the coparceners. But merely because one member severs his relations with others there is no severance between others
