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Grandfather died without Will in 2003 how to sell our share
26-Feb-2023 (In Property Law)
We have an ancestral home. Grandfather just built ground floor. Due to some dispute partition was created and both father and uncle built first floor. Now grandfather died without Will. Now we are planning to sell the our side of the partition. How can we sell it? Grandfather had 2 sons and one daughter. Grandfather died in 2003. It was self made property of grandfather.
Your father can sell his share of the property without consent of others co-sharer, there is well settled law as providing in Sec.44 of the Transfer of Property Act. Before sell the property you should propose to your uncle just formally.
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Adv. Minansu Bhadra
Kolkata | 100+ Answers
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The property devolves on all legal heirs of your deceased grandfather i. e your father and uncle in equal shares. Your father can sell his undivided share in the property who will acquire your father's undivided share in the property. But it is always advisable to execute a deed of partition or file a partition suit to divide your father's share and uncle's share by metes and bounds in order to get the best price
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1. Since the property was divided during life time of grandfather without any written deed, the partition can't be stated to have occurred.
2. Moreover with the death of your grandfather without any Will his sdaughter also acquires equal share with his brothers in the property.
3. So you better resolve the dispute amicably by way of mutual deed of partition else acrimonious litigation may soon entail.
Feel free to contact.
2. Moreover with the death of your grandfather without any Will his sdaughter also acquires equal share with his brothers in the property.
3. So you better resolve the dispute amicably by way of mutual deed of partition else acrimonious litigation may soon entail.
Feel free to contact.
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