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shyam lal   05 April 2023

Sale of property

A residential property is to be shared equally as per MoU of concerned family unregistered family settlement and signed by all share holders with witness.

Total number of share holders are three.out of the three two share holders want to sell the property and divide the shares as physically dividing is not fesible..But the third share holder is not willing to sell the property. Query is what is best legal solution or unlawful Remedy to this problem. 



Learning

 8 Replies

Shashi Dhara   05 April 2023

Sell 2/3rd share for anyone for half rate cheap rate who is ready to go to court  and file partition suit against another who is unwilling to sell.

1 Like

shyam lal   05 April 2023

Shashi Dhara..any other alternative?

Shashi Dhara   05 April 2023

As it is unregistered  the consent of third shareholder is necessary  to sell  excluding his share ,if he refuse you can sell your share on buyers risk who is ready if third shareholder goes to court.

1 Like

Advocate Bhartesh goyal (advocate)     05 April 2023

On basis of such unregistered family settlement, any share holder can sell his undivided share to anyone but can't handover possrssion of sold property..

T. Kalaiselvan, Advocate (Advocate)     05 April 2023

Unregistered document for any transaction involving the immovable property is invalid.

The best option in this situation is to approach civil court with a suit for partition.

If the property is indivisible then the court may bring the property for sale and the sale consideration amount would be disbursed anong the shareholders as per their rights.

Dr J C Vashista (Advocate)     06 April 2023

The property is stated to have been partitioned amicably by executing a MoU, let it be unregistered, both (2 out of 3) willing shareholders may sell their portion.

shyam lal   06 April 2023

Expert DC Vashista.it is a amicable settlement  among the share holders .

The fact  is for all practical reason the property as per MoU can not physically be divided.

The only way out is to sell the entire property and then divide the proceeds ..but one of the share holders does not agree to this proposal..


A legal solution is required when one creates hinderance for others .

T. Kalaiselvan, Advocate (Advocate)     11 April 2023

In case one of the shareholders is not willing to sell the property then the other shareholders can approach court to pass a judgment to bring the indivisible property for sale through public auction and disburse the sale proceeds to all the shareholders equally or proportionately 


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