Disposal of property

The property is not ancestral property.

All the four legal heirs are having equal rights in the property.

If one of the heirs is desirous of selling her share in the property, then any willing legal heir can offer to purchase her share in the property insted of selling the entire;propertyto a third person

If one of the legal heirs is not willing to sell the property, then he can approach court with a suit for partition.

The partition suit will take years to get disposed. 

Property is a flat and can't be partitioned practically. one member is willing to sell for medical purposes whilst other member is contradicting and refusing to sell.

can court dispose off the property in such a scenario if the objecting party is refusing to buy others share ? 

Yes you must partition the property and the desiered party can sell its share. The first thing is to partition the property and let each party deal withs its share

But how will you partition a flat inside a complex ??  will the partition suit be accepted in court ?? 

Then you have to sell the property and distribute the amount, or simply you can valuate the property and pay the outgoing party against his share. But partition has to be effected for assignment of shares even in parts

It is better to get the get the property valued by a CBDT Registered Valuer,  divide it into four,  hence the 1/4th. amount can be shared by the remaining 3 members & given to the mother. 🙂

In a partition suit if the property is indivisble then the court may bring the property to sale by auction and distribute the sale proceeds to the legal heirs accordingly.

Yes, under the provisions of the Partition Act, the Court can dispose of the property and distribute the sale proceeds  among the legal heirs. However, the Court procedure is unlikely to be expeditious.

An individual born into a particular family inherently possesses a vested stake in the property, signifying that their entitlement to the property arises from being born into the family. This property is subject to division among family members. Partition requires an intention to separate so it can be effected through a notice whether it is followed by a suit or not.

A coparcener, who is of legal age and mentally competent, holds the right to request the division of property and the determination of their share whenever they choose. The individual from whom this partition can be requested is the KARTA, as it is a fundamental entitlement stemming from their ownership of the property alongside other members.

Therefore, yes, demand for partition can be made.

If other legal heirs objecting to the sale of the property can be asked to buy the proportionate share of the legal heir desiring to sell his/her share that will obviate the need for the sale of the whole property and also meet the financial needs of the legal heir desiring to sell his/her share.

Any other legal remedy available is having a family settlement regarding the same.

You can contact for further assistance regarding the legal documentation.
 

"An individual born into a particular family inherently possesses a vested stake in the property, signifying that their entitlement to the property arises from being born into the family. This property is subject to division among family members."

The proposition is not so broad as it is made out to be, but applies only in respect of ancestral property which is unique to Hindu personal law.