What if one of 6 co-owners of a property does not sell ?
Guest
(Querist) 13 August 2010
This query is : Resolved
There are six co-owners in one ancestral property ,all six except Mr. X are ready to sell this property,Mr. X has even rejected the money offered more than his genuine share,now plz. suggest how this property can be sold ever,if ever ?
A V Vishal
(Expert) 13 August 2010
Since the person is a co-owner nothing much can be done, even if you seek partition of the property the lone person's share may be the thorn in the flesh all you can do is plead him.
Chanchal Nag Chowdhury
(Expert) 13 August 2010
Of course others can sell the property. Since U have not stated what is the nature of the property,specific reply cannot be given. However, generally, if it is a house property, there can be 2 ways of dealing with it. 1stly, U can go in for partition by metes & bounds-amicably, if possible or through court- the latter is bound to take some time or 2ndly- the others can sell their undivided shares jointly to a buyer. This will leave the buyer to slog out the partition process with the lone unwilling landlord. Whatever possession U have may have may be handed over to the buyer.
Koumarish Bhattacharya
(Expert) 13 August 2010
I agree with Mr. Chanchal Nag Chowdhury. One can sell his undivided share too.
G. ARAVINTHAN
(Expert) 14 August 2010
since he is a co-owner, the purchaser get only 5/6 share of the property
s.subramanian
(Expert) 14 August 2010
you are free to sell your undivided share to any person of your choice.but the purchaser cannot take posession directly of such share. it is prohibited in law. he has to approach the civil court by way of a suit for partition of his share and for separate possession. direct delivery of possession of such share immediately on purchase is absolutely impossible and illegal.
Devajyoti Barman
(Expert) 14 August 2010
Yes anybody can sell his undivided share in the property at any time. Others consent is not required.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 20 August 2010
Mr Barman how the buyer will take possession so you have to go to the court for partition as Mr Subrmaniam suggested.
