Property divided. Can one sell his share w/o consent of other person?
My grandfather had 4 children, his Will said that his property has to be divided among his children in proportion of 15, 15, 35 ,35% among four children. 3 of the children now want to sell off the house, where as one child does not want to.
That child has only 15% share. Can the rest three children sell of the house without the consent or signature of the 4th child who does not want to sell the house?
No, the property cannot be sold without consent of successors. In case of major and in case of minority, you might have to take permission from the court.
If the property is disposed off without consent it can be reclaimed. Whenever a sale deed is executed, it will require the signature/consent of the forth child also.
The 3 co-owners who want to sell their share can file for a partition suit to get their respective shared in the property. We can advise further once we have more details about the property in question.
Kindly contact us for any further details and action.
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