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Can legal heirs sell the property when a partition suit is going on ?


07-Dec-2023 (In Property Law)
Sir, We are two brothers and two sisters(total 4 legal heirs) and having the following properties in the name of my deceased father. 1.Anchestral property of house site 2.self earned property of my father. For the partition of these assets my sisters filed suit in the year 2015 claiming their 1/4th share of the properties and the court case is still pending. In the aforesaid situation, my sisters have come forward to sell the properties and take their due share(1/4th each) by an understanding by four of us. When the court case is pending is it possible to sell the property by all the legal heirs and claim their share? Is it not subjudice? To go in for out of court settlement is it not necessary to withdraw their case? Kindly clarify and help me. We belong to Hindu family.
Answers (1)

Answer #1
931 votes
Your query is very relevant. When the suit is pending, it is better all of you file an application for a consent decree before the court, praying for sale of the properties in question and sharing of the proceeds equally.

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