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atul (Accountant)     11 July 2014

Sale of joint property

Mr. Balaji was the owner of a Residential House. Balaji died in 1978. Someshwar, Manohar, Sharad, Bhaskar, Arun & Usha are children of Mr. Balaji. Mr. Someshwar also died in 2010. Smt. Kumudini is Someshwar's widow and Anil, Atul, Kishor and Bharti are children of Someshwar. All these members are heirs of the property and all these names are registered with Land Record Office. The residence was collapsed in 2009 due to heavy raining and there is now open plot. Before collapsing the house, Manohar & Sharad were residing there upto 2009 means upto collapsing the house. But the rest of four members were residing in another city. Therefore they could never benefitted from that house. Now the whole family except Mr. Manohar wish to sell the property, but Manohar is not ready to sell the property. We wish to know how to sell that joint property, if Manohar is not ready to sell that property. What is the way ? Plot is so small i.e. 1200 sq.ft. and no member including Manohar also is ready to take so small share in the form of land. But he is blackmailing the rest of family. He neither wish to sell the property nor he is ready to do partition of the plot also. The financial status of all family members are not so sound to give the share of Manohar in the form of money, and he even is not ready to take money. In this situation, what is the way to sell the said property so that the rest of family members can be beneficial from the property ? Kindly guide us as earliest as possible as the whole family is very much embarassing by the action of Manohar. Thanks in advance.



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 2 Replies


(Guest)

Off the legal topic the direct answer would be to wait for Mr. Manohar to follow Mr. Someshwar path to heaven abode but legally you cannot sell the property without all the partners agreeing to it. This info is to my best of the knowledge . Sorry for my off the legal topic view, i did not mean to hurt any emotions.

Laxmi Kant Joshi (Advocate )     12 July 2014

There were six legal heirs of deceased Mr. Balaji the 1200sq ft plot will be equally distributed among six heirs , each heir is entitle for 200sq ft , give the share of Mr. Manohar to him and sell the rest one .

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