617+ Lawyers are online 
How can I sell jointly held property by siblings
11-Jun-2023 (In Property Law)
My brother and sister are abroad and have shown no interest in the property or are responding to my queries for GPA to settle each share legally. Can I give an affidavit to the purchaser on behalf of my siblings and go ahead with the sale and disburssal of proceeds as per law. I'll be legally responsible to ensure that the proceeds reach them or if they challenge the purchaser then I''l be responsible.....please advice
If it's joint family property and you are not Karta( Manager) of the family you cannot sell the property though you are entitled to sell your share of it and not the whole of it. You require their consent for sale before hand. Request them to send GPA to you by sending copy of GPA, otherwise in future you and your purchased will have to face litigation.
Helpful?
17+
17+
Adv. Datar Vilas R
Bangalore | 25+ Answers
CONTACT NOW
You cannot give Affidavit for the others rights in the Property Share, if you are need sell the property you can sell your 1/3 share without their consent, subject to the purchaser willingness.
In alternative you can file Partition Suit to your share in the property.
In alternative you can file Partition Suit to your share in the property.
Helpful?
12+
12+
Adv. Periyaswamy K S
Bangalore | 100+ Answers
CONTACT NOW
Assuming you are hindus, you can take the following steps:
1) You can send them a notice stating that you intend to sell the property and divide the proceeds amongst your sibling and need their co-operation. In case they agree, you can execute a GPA and settle the matter.
2) In the same notice you can mention that if they are unwilling to sell the property, then you will file a suit for partial partition wherein your siblings will acquire the title of the property by paying you your proportional share in the property.
1) You can send them a notice stating that you intend to sell the property and divide the proceeds amongst your sibling and need their co-operation. In case they agree, you can execute a GPA and settle the matter.
2) In the same notice you can mention that if they are unwilling to sell the property, then you will file a suit for partial partition wherein your siblings will acquire the title of the property by paying you your proportional share in the property.
Helpful?
17+
17+
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."
