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Procedure to sell property without the consent of one of the co owner
08-Jan-2023 (In Property Law)
the property is in the name of mother .now the mother and 4 of her sons and daughters as legal heirs willing to sale and ready to put their signature except the one elder son.as they are in need of money what is the procedure to sale that with out the consent of that son
You have stated that it was your mother's property, however you have not stated that your mother is alive or not;
Presuming that your mother is not alive, her self acquired or the property on her name shall devolve on all her legal heirs equally.
If others decide to sell their share of the property, they can do so after amicable partition or by filing a partition suit in a court of law and taking possession of their respective share. They cannot force the unwilling son to sell his share of property along with other co-sharers.
If you are still proceeding with the sale fo entire property without is consent, it ill be termed as an illegal act and also invalid in the eyes of law and not binding on the son who is unwilling to join the other co-sharers.
Presuming that your mother is not alive, her self acquired or the property on her name shall devolve on all her legal heirs equally.
If others decide to sell their share of the property, they can do so after amicable partition or by filing a partition suit in a court of law and taking possession of their respective share. They cannot force the unwilling son to sell his share of property along with other co-sharers.
If you are still proceeding with the sale fo entire property without is consent, it ill be termed as an illegal act and also invalid in the eyes of law and not binding on the son who is unwilling to join the other co-sharers.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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All legal heirs have right in the property including the children. It is essential the son also signs otherwise your title and sale would not be valid. It is not possible to the deal without the consent of the son.
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Dr. Sudhir Ravindran
Chennai | 25+ Answers
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