LawRato

How to proceed with sale of jointly held property


30-May-2023 (In Property Law)
Property in grandfather(mother's father) name, he died 40 yrs ago after that it come to grandmother she also died in 2010. She before dying made will that property be distributed in 3 equal shares one to me her grandson, my uncle(mother's elder brother), my aunt(mother's elder sister). I and my uncle want to sell the property but aunt is creating trouble for both of us by taking objections in property sale even though she gets her share of money after sale. She is not prepared to buy the house from both of us. She is not agreeing even for transferring the property ownership from grandfather's name to living survivors names.The house property original papers are lost, we both explained to aunt to come to sign for duplicate papers in society meeting, she's not agreeing for that too. The will of my late grandmother clearly states if 2 parties are agreeing they are in majority therefore 3rd party will have to agree. I and my uncle want to sell property urgently but don't know what to do
Answers (2)

Answer #1
871 votes
You both are able to sell the Proprty on the basis of condition in the will. Her objection will be considered invalid. You both need to give a legal notice and search for a purchaser. He may be a third person but eligible to purchase a flat of CGHS. Both of you need to take Prior NOC of CGHS to sell the flat. Then you can register the sale deed on the based of will and legal notice emphasizing condition in the will. The share of non agreeing person is to be deposited in her bank account. SDM help can also be taken.
Answer #2
730 votes
Firstly, you didn't said that said property will acquired to your grandmother by will.
If your grandmother get said property by succession then your uncle and aunt does not have 1/3 right of said property.
Secondly, if you and your uncle want to sale said property then you both can sale your undivided share to third party.
That time your aunt can not stop you making sale or objection.
If your grand mother specifically mention in her will as you say then your aunt objection will suspended as will condition.

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.

Report abuse?

Comments by Users

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."