Property divided. Can one sell his share w/o consent of other person?


My grandfather had 4 children, his Will said that his property has to be divided among his children in proportion of 15, 15, 35 ,35% among four children. 3 of the children now want to sell off the house, where as one child does not want to.

 

That child has only 15% share. Can the rest three children sell of the house without the consent or signature of the 4th child who does not want to sell the house?

 

Answer

 

No, the property cannot be sold without consent of successors. In case of major and in case of minority, you might have to take permission from the court. 

 

If the property is disposed off without consent it can be reclaimed. Whenever a sale deed is executed, it will require the signature/consent of the forth child also.

 

The 3 co-owners who want to sell their share can file for a partition suit to get their respective shared in the property. We can advise further once we have more details about the property in question.

 

Kindly contact us for any further details and action.

 

 


Googling your legal issue online?

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

Popular Property Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 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 Articles


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

Legal Services

Document Review - Gift Deed

4.3 | 37 ratings
Review + 30 Min phone call - Gift Deed review by a local experienced advocate
Draft a Gift Deed

4.6 | 182 ratings
30 Min Intro call + Start to finish help - Gift Deed drafted by a local experienced advocate
Document Review - Sale Deed

4.8 | 73 ratings
Review + 30 Min phone call - Sale Deed review by a local experienced advocate
Property Registration

4.7 | 291 ratings
Get your property registered through an experienced local advocate
Title Opinion Report

4.8 | 193 ratings
Get a detailed Title Opinion Report by expert real estate lawyers in your city
Draft an Agreement to Sell

4.9 | 94 ratings
30 Min Intro call + Start to finish help - Agreement to sell drafted by a local experienced advocate
Property Verification / Due Diligence

4.8 | 421 ratings
Property Verification, Title Search and due diligence conducted by a local experienced advocate
Legal Notice for Delay in Construction

4.4 | 24 ratings
30 Min Intro call + Start to finish help
15 Minutes Property Advice Session by Phone

4.8 | 541 ratings
Ask questions and get advice from a local experienced advocate on your Property Matter
Document Review - Agreement to Sell

4.7 | 108 ratings
Review + 30 Min phone call - Agreement to Sell review by a local experienced advocate
Draft a Sale Deed / Property Purchase Agreement

4.6 | 197 ratings
30 Min Intro call + Start to finish help - Sale Deed / Property Purchase Agreement drafted by a local experienced advocate
Legal Heir / Succession Certificate

4.8 | 71 ratings
Apply for a Legal Heir / Succession Certificate through a local experienced advocate
Similar questions

Is it necessary for parents to declare that their disobedient son is not related to them & their property in any way.The religion is hindu…

Read More

Sir I have entered into a sale agreement with the buyer in the year 2012. Which is registered on a 100 rupees stamp paper .An advance of Rs.5 lakhs wa…

Read More

my mom dies without making will...n she has 2 sons n 1 unmarried daughter...n i m the eldest son living seperately....my 1 bro n sis living in my moms…

Read More

A was illitrate.A parchase land in 1980 surve no 1,2 (1=10, 2=10) total extant 20 acers full from B and C, and rigistered it.and cultivate it.but not …

Read More

Talk to a lawyer for your legal issue