Rajesh Kumar (abc) 08 October 2015

Partition procedure

If two people Ram and Rajshekar are legal heirs of a Resedential house. Ram is staying in the house and Rajshekar stays away. Ram is not willing to sell the house. Whereas Rajshekar is forcing ram to sell the house. A will is not written in this case and Ram and Rajshekar are the legal heirs of the house.

My question is can Rajshekar who is staying away can he sell his share of the house without consent of Ram ? is that possible or any procedure has to be followed.

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5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 08 October 2015

legal heirs must have obtained legal heir certificate from the local courts and they can registered as partition deed with sub-registrar. after partition deed only they can sell their partition only as their like.

saravanan s (legal advisor) 08 October 2015

if you cant workout a settlement amicably between you both then you need to file a partition suit to claim your share

Rajesh Kumar (abc) 12 October 2015

IF we cant workout amicalbly, is the only way to claim share is by partition suit,

I mean without partition suit is there anyway to sell ones share.

The other person is threatening me that he will sell his share (on Residential house) to a goon without filing a partition suit. Is that really possible...

saravanan s (legal advisor) 12 October 2015

dear phani the other person cant sell the house as it is not yet marked as his share either through a partition suit or family settlement.above all he must first take posession of his share to sell it which is not possible now.

Rajesh Kumar (abc) 27 October 2015

Hi,

The other person is threatening me that he will sell his share(on house) to a local goon who has good political background without my consent(all the papers are with me only).

Is this possible in this unlawful manner. I have seen cases similar to this reported in this fourm.

If at all the other person sells his share in unlawful manner the person who bought the house what rights does he have ?

Is this really possible ?? Please suggest