657+ Lawyers are online 
One brother is not cooperating in selling of properry
18-Apr-2023 (In Property Law)
We are 5 brother and 2 sister and want to sell property which on my late mother, can we sell property in the absence of one brother.
No, You cannot sell the property even if one of the co-owner is not ready for the same. You should issue a notice for partition followed by a Suit for partition before the concerned court. You may consult with better particulars
Helpful?
Adv. Anubhav Kathuria
Delhi | 1000+ Answers
Chat
Sir you all can sell your own shares in the property, however if it’s a dwelling house then a suit for partition and injunction is required to be filed. Thus, I need to know about the details of the property and your family members so that we can file a civil suit for partition. For complete details kindly contact.
Thanks
Helpful?
Adv. Bhawana Pandey
Delhi | 1000+ Answers
Chat
Yes you can sell your consolidated undivided share in the property in case you don't get consent of a single co sharer, in case you get a buyer who is ready and willing to purchase the same. or file a case of partition in court of law against the protestor, get the property partitioned and sell it.
meet me for further guidance in the matter.
thanks
Helpful?
Adv. Rajinder Pal Singh
Delhi | 200+ Answers
Chat
If your mother died intestate, then under the Succession act you all are inherited with equal right and in that case, the property cannot be sold in the absence of any co-owner/your brother or as the matter of fact without the consent of any of the co-owners. Please contact me for further details.
Helpful?
Adv. Jia Kapur
Delhi | 200+ Answers
Chat
Power of Attorney is required to move forward for selling of the property. Alternatively, he can consent to sell his part.
Possible legal issues may occur in future if you proceed without his consent and the registry of the property can be challenged in court.
Helpful?
Adv. Kunal Sinha
Delhi | 200+ Answers
Chat
If this is the real factor your case then I am sorry to say NO , however you all can file suit for partition making him responded , in worst case if the other party is reluctant then court may order to sell the property by doing its auction
Helpful?
Adv. Dev Yati
Delhi | 5+ Answers
Chat
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."
