Can sale be made by 2 co sharer of the property out of 3 sharer
08-Oct-2023 (In Property Law)
Plz advice :-- Religion : Hindu Property: 100sqyd house in Ashok Nagar(West delhi) having 3 co-owners, i.e. uncle(eldest-expired)+my father-expired+uncle(youngest)-alive. Property registered as undivided equal share for all 3 brothers. Eldest uncle was living in this house till 2014(before he expired), occupying 40 sqyd area, as per walls and structure design. Currently no one stays there since last 3 years. However me and youngest uncle wish to sell the property but eldest uncle's heir are not responding to our request. My query specifically is: 1. Can myself and youngest uncle sell our 2/3 undivided share to third party, without eldest uncle heir consent. 2. If 1 not possible, can court intervene and force order to sell as co-owner not responding and property is unoccupied. 3. If 2 not possible, can we send legal notice for judicial partition of 1/3 share each, even if they not agreeing. 4. Can uncle's heir sell 40sqyd without our consent. OR is it better to get stay on property.
Dear
Once it is an issue of sale than must find out the plot details about registered or not weather POA IF not than must file a case as per the cost and value of the property based on MCD rates. and wait for the partition judgement from court and than sale as per the order of court.
Regards
Once it is an issue of sale than must find out the plot details about registered or not weather POA IF not than must file a case as per the cost and value of the property based on MCD rates. and wait for the partition judgement from court and than sale as per the order of court.
Regards
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