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Udhimaa (Software Engineer)     22 November 2013

Dividing a joint property

Hi Sir/Madam,

 

My grandfather had a land property consisting of 40 cents. He has written in his will that his grandsons are entitled to own and enjoy his property. My dad has two sons (Myself and My brother). My dad died few years back.He has not written any will about the property. The property is still registered in my grandfather's name.

Me and my brother are not having a good relationship currently. I want to sell my share of the land property as i am in financial crisis but he refuses to do the same and says that he will file a case if i sell my share alone.

 

My questions are

1. Is it possible to sell my share of 20 cents alone?

2. Is it possible for my brother to file a case if i sell my share alone?

3. What is possible legal solution to resolve this so that i can sell my share alone?

 

My brother is not agreeing for any amicable solution.

Please guide and help

 

Thanks,

Udhimaa



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     22 November 2013

Without a proper partition, you cannot identify your share of property, so first partition the property and sell it after that

Prabhat Shroff (Advocate)     26 November 2013

You can, ofcourse, sell your undivided one-half share to a buyer who is willing to buy without a partition with metes and bound; however, it is desirable that you file a suit for partition of the property by metes and bound in a competent court.


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