nsnsns81 06 October 2017

Co-owner share sale/judicial partition , without consent

Kindly advice for below:--

Religion : Hindu
Property: 100sqyd house in Ashok Nagar(West delhi) having
3 co-owners, i.e. uncle(eldest-expired)+my father-expired+uncle(youngest)-alive.

Property registered as undivided equal share for all 3 brothers. Eldest uncle was living in this house till 2014(before he expired), occupying 40 sqyd area, as per walls and structure design.
Currently no one stays there since last 3 years.

However me and youngest uncle wish to sell the property but eldest uncle's heir are not responding to our request.
My query specifically is:
1. Can myself and youngest uncle sell our 2/3 undivided share to third party, without eldest uncle heir consent.
2. If 1 not possible, can court intervene and force order to sell as co-owner not responding and property is unoccupied.
3. If 2 not possible, can we send legal notice for judicial partition of 1/3 share each, even if they not agreeing.
4. Can uncle's heir sell 40sqyd without our consent.

If nothing possible, is it better to get stay on property

Regards,
N...

Reply Follow

5 Replies

manoj 06 October 2017

call me for your query at cell no 8686159292

manoj 09 October 2017

As per your query Point No.1 is answered as follows:

A co-sharer can transfer his undivided share but no possession can be handed over to the vendee. Even if you sell the property without the consent of the other co-owner the vendee can claim the possession through partition only. Without the consent of the other co-sharers if you transfer the possession that possession cannot be recognized as legal possession.

coming to the points 2 to 4 I need to see the documents then I can give my findings on points 2 to 4.

manoj

8686159292

1 Like

nsnsns81 11 October 2017

Originally posted by : manoj
	As per your query Point No.1 is answered as follows: A co-sharer can transfer his undivided share but no possession can be handed over to the vendee. Even if you sell the property without the consent of the other co-owner the vendee can claim the possession through partition only. Without the consent of the other co-sharers if you transfer the possession that possession cannot be recognized as legal possession. coming to the points 2 to 4 I need to see the documents then I can give my findings on points 2 to 4. manoj 8686159292

Thanks for reply.

Any pointers for point 2 to 4 would be helpful.

Would appreciate further opinion of forum members......

nsnsns81 31 October 2017

Originally posted by : nsnsns81

Originally posted by : manoj

As per your query Point No.1 is answered as follows:

A co-sharer can transfer his undivided share but no possession can be handed over to the vendee. Even if you sell the property without the consent of the other co-owner the vendee can claim the possession through partition only. Without the consent of the other co-sharers if you transfer the possession that possession cannot be recognized as legal possession.

coming to the points 2 to 4 I need to see the documents then I can give my findings on points 2 to 4.

manoj

8686159292

Thanks for reply.

Any pointers for point 2 to 4 would be helpful.

Would appreciate further opinion of forum members......