ancestral property disputes in case of selling. How to proceed ?

803 votes

You cannot sell without the signature of the co-owner of the ancestral property. u have to settle the matter with the unwiling co-owner amicably or through court otherwise if you deal with the promoter without the unwilling cosharer it will not be legally sound

LawRato LawRato

576 votes

As the co-owner is not willing to sell his share of the Property, you may go for a partition suit after giving due notice before the appropriate court. If the said owner does not appear one can pursue the partition suit ex parte and obtain an ex parte decree against him and thereafter apply for execution of the said decree. But sale cannot be done without notice

Advocate Alakananda Das LawRato

575 votes

Dear client,
I am very sorry to state that it is not possible to sell the property fully if one of the co owner refuses to sell it off ,at the best you can sell your undivided share to the party concerned and he will have to seek partition of the said property in respect to your portion by metes and bound or else you can file a partition suit and get your share partitioned by metes and bounds and there after you can sell off your property but as present scenario you can only sell your undivided share in the property to the promoter . And off the track there are also other legal ways and tricks but public site is not a place to discuss the same.

Advocate Vikram Ojha LawRato