174+ Lawyers are online 
Forced sale of property
07-May-2023 (In Property Law)
We have a property in India which was bought by my grandfather and his two brothers, all three now deceased. There is a property document/will which mentions the heirs of the said property. We would like to sell this property, where all heirs have agreed to assign the power of attorney to one, who will come to India and sell it. But there is an objection by one heir to sell this property and he is the minority share holders. How can we sell the property if he is against it? Can we go through forced sale of property and give him his share?
Dear sir,
You cannot force him to sell his share of the property.
However you can approach the court to partition the property. One part of all brothers and other part of the one brother who does not wish to sell.
Once partition is granted you may sell the property.
Second approach would be that you ask the brother who does not wish to sell his share to purchase the complete property from all of you.
You cannot force him to sell his share of the property.
However you can approach the court to partition the property. One part of all brothers and other part of the one brother who does not wish to sell.
Once partition is granted you may sell the property.
Second approach would be that you ask the brother who does not wish to sell his share to purchase the complete property from all of you.
Helpful?
13+
13+
Adv. Mauleen Marfatia
Ahmedabad | 100+ Answers
CONTACT NOW
You all can sale your undivided in favour of purchaser.
Any of other co shares can not object for said sale, but you all sale only your part of property.
And whoever don't want to sale his part, then his part shall remain in land.
Any of other co shares can not object for said sale, but you all sale only your part of property.
And whoever don't want to sale his part, then his part shall remain in land.
Helpful?
11+
11+
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
