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Legal Heirs not ready to sell the ancestral property
11-Dec-2023 (In Property Law)
We are 3 Successors of an Ancestral property. 2 of 3 Successors willing to sell the property. Other Successor not willing (reasons not spelt out) and hence, probably will not sign any papers. Is there any WAY to sell the property and distribute the proceedings (1/3rd.) to each Successor. Mutation not done. Original Deed with unwilling Successor.
First of all it is necessary to make the partition of the property through registered deeds, if it is not possible mutually then you have to knock the door of the court and have to file a suit for partition, after execution of the the same u can procced for the sale of the property.
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Adv. Monojit Dutta
Ranaghat | 25+ Answers
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Sir
If any one of the shareholder is not willing to transfer his part by way of sale then the entire property will not be transfer. Further there is no mention of allocating part so the purchaser will only purchase the share of the both i.e. 2/3rd.
Hence, you may ask the unwilling co-sharer to partition your part if he is not ready then you can approach court for partition.
Thanks
If any one of the shareholder is not willing to transfer his part by way of sale then the entire property will not be transfer. Further there is no mention of allocating part so the purchaser will only purchase the share of the both i.e. 2/3rd.
Hence, you may ask the unwilling co-sharer to partition your part if he is not ready then you can approach court for partition.
Thanks
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Adv. Shiddhartha Banerjee
Kolkata | 200+ Answers
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