Legal Heirs not ready to sell the ancestral property


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.

Answers (2)


94 votes

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


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

212 votes

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.

Popular Property Lawyers


Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
17 years Experience

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 Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles