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Earnest money taken. Now mother not wiling to sell.Can i sell w/o her?
20-Mar-2023 (In Property Law)
We have taken Rs.3.5 Lacs as advance to sell our ancestral home for Rs.16 Lacs, however, now my mother is refusing to complete the sale deal. The house is in my grandfather's name and after my father's death, my father's sister, my mother and me are the stake holders in the property.
The earnest money was taken by me and my mother in cash and deal recorded on camera. Now the purchaser is following up and I am also interested in selling the property.
How do I do this without my mother's consent and support? She is living in the property and even gets rent from a floor given out to tenants.
The best way forward in your case would be to find a way through which you and your father's sister to convince your mother to sell the said property as any legal recourse shall be money and time consuming.
However, if all amicable settlement attempts fail, the legal way out is by filing a suit for partition and mandatory and permanent injunction before the competent court. You shall require all the documents relating to the property. All the parties who have a share in the said ancestral property shall have to be made a party to the suit. Once the partition decree is passed by the Court and the said property is partitioned by metes and bounds, you can sell the house.
As an alternate way, the intended buyer can file a suit for specific performance in which all of you will made party and you can vindicate the stand of intended buyer as agreement is binding on your mother and Court can grant in decree in favour of intended buyer.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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