Clarification on sale of joint property

702 votes

Since the property is in the name of father and mother (if so written explicitly on the sale deed), then they both are the joint owners of the property. As a co-owner your mother is entitled to right of possession, use of and to dispose off her share in the property, if it is clearly stated in the deed. Before taking legal action, the best method is to convince your mother to sell the property. This you can do so by initiating dialogue with her through the telephone or vide letters.

If your mother still is not convinced about the sale of the property, then you can issue a legal notice to her, drafted by a legal advocate. Also in the alternative there are other methods of settling the dispute through mediation/conciliation/negotiation/lok adalat which are less expensive method of dispute resolution.

Even then your mother does not agree to the sale of the property, then the method of last resort will be take legal action by filing a suit in the appropriate court .

In response to this question, I have further questions to ask which will also help with you in the future:
1. Who paid the purchase money for the property father or mother? Or is it self-acquired property?
2. Whose name appears in the share certificate/property card?
3. How long is your mother staying on the property premises?
4. Who is paying the maintenance charges, utility bills, expenses related to the said property?

Advocate Gowaal Padavi LawRato

523 votes

if the property is a joint property tell your father to issue notice to your mother to purchase your father's share in the property as a premptive right. if she fails to use her right in within 15 days and also make paper notice in local newspaper you may sell to any third person once notice period is over

Advocate Amol Shirish Choubal LawRato