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Can I sell my share in property without the consent of others
21-Apr-2023 (In Property Law)
My grandfather has gifted 1st floor of house to my father and ground floor to my uncle i.e my father's brother. i have separate road which only belongs to my father name for granting access to the main road. Now i want to sale my portion of property to the third person but mother uncle is not allowing to do so he is telling me that since it is a adjoining property so you cannot sale it to the third person. he is ready to purchase my portion but at 25% of the present market value. so i am not ready to sale him,instead i want to sale it to the 3rd person or the outsider who is not our family member so that i can get the market value. I want to know can i sale to to the other person. My father is still alive and he is on my side.
Sir
Yes. Your father can sale his portion. But, your uncle can raise objection if the 3rd person is from the different community or other.
now, your uncle wants to pay 25% only of the market value, which is illogical. Your father can ask his brother to pay the entire price to retain the property. If he fails within the stipulated time frame, then you may opt for the 3rd person.
Thanks
Yes. Your father can sale his portion. But, your uncle can raise objection if the 3rd person is from the different community or other.
now, your uncle wants to pay 25% only of the market value, which is illogical. Your father can ask his brother to pay the entire price to retain the property. If he fails within the stipulated time frame, then you may opt for the 3rd person.
Thanks
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Adv. Shiddhartha Banerjee
Kolkata | 200+ Answers
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Father is the owner . Was the gift conditional ? Are the portions separately mutated ? Is the property jointly held in the name of your father and uncle ?
If the property owned by your father is gifted and not inherited, then you can sell the portion of the property. But you should give notice of sale to your uncle asking him to pay the market price for the property. Do not sell without a written notice.
But if the buyer is willing , then let him purchase without any notice. Let hm face the siutation. Your uncle will have to go to Court. It will take years before the issue is decided.
If the property owned by your father is gifted and not inherited, then you can sell the portion of the property. But you should give notice of sale to your uncle asking him to pay the market price for the property. Do not sell without a written notice.
But if the buyer is willing , then let him purchase without any notice. Let hm face the siutation. Your uncle will have to go to Court. It will take years before the issue is decided.
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Adv. Dr. Saibal Chandra Pal
Kolkata | 100+ Answers
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yes you can sell the property to any outsider as per the information provided by you. but a detailed information will give you an accurate suggestion regarding this matter. it is advised to you to have a face to face interaction in order to get a correct suggestion
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Adv. Sreemon Bose
Kolkata | 200+ Answers
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