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Sale of property by heirs through POA, objection raised by one heir


14-Mar-2023 (In Property Law)
We have a property in India which was bought by my grandfather and his two brothers, all three now deceased. There is a property document/will which mentions the heirs of the said property. We would like to sell this property, where all heirs have agreed to assign the power of attorney to one, who will come to India and sell it. But there is an objection by one heir to sell this property and he is the minority share holders. How can we sell the property if he is against it? Or can the rest sell their part of the property?
Answers (2)

Answer #1
575 votes
If their is an objection by any legal heir regarding the POA or the sale of the said property the best way is to part his/her share and sell the rest of the property after partition. Yes rest of the legal heirs can sell away their share of the property.
Answer #2
796 votes
You all have an undivided share in said property, therefore whoever want to sale his part, they can sale it but if any of co sharer want to purchased same property then he have premption right for purchase,
Firstly you all have to send a notice to co sharer that you all want to share their part and sale price if she is not willing to buy then others co sharer can sale their part to other person.

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