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Sale Dispute Between Co-Owners of Inherited Property
25-Jul-2023 (In Property Law)
1. If six brothers/sisters inherit an ancestral property under the Hindu Law of Succession, upon the intestate death of the owner, are they Joint Tenants with survivorship benefit or are they Tenants-in-Common ?n2. If four of them want to sell the inherited property but two do not, how is such a dispute resolved?
As a Property Law Advocate, I can consult you on general grounds.
1. Under the Hindu Law of Succession, when six brothers/sisters inherit an ancestral property upon the intestate death of the owner, they generally become tenants-in-common. This means that each individual has a distinct and separate share of the property. There is no survivorship benefit in tenants-in-common, unlike joint tenancy where the surviving co-owners automatically inherit the share of a deceased co-owner.
2. In the case of a dispute where four siblings want to sell the inherited property and two do not, resolving the matter can be complex. Generally, all co-owners have the right to their share of the property and can express their individual wishes. If an amicable agreement cannot be reached, any of the co-owners can file a partition suit in court. This legal action can result in the division of the property according to each co-owner's share, allowing those who wish to sell to do so, while the others retain their shares.
Please note that laws can vary based on jurisdiction, and the specifics of each situation matter. It's advisable for the concerned parties to consult with a legal professional who specializes in property and inheritance laws to receive accurate advice tailored to their circumstances. Feel free to contact me for further legal consultation.
1. Under the Hindu Law of Succession, when six brothers/sisters inherit an ancestral property upon the intestate death of the owner, they generally become tenants-in-common. This means that each individual has a distinct and separate share of the property. There is no survivorship benefit in tenants-in-common, unlike joint tenancy where the surviving co-owners automatically inherit the share of a deceased co-owner.
2. In the case of a dispute where four siblings want to sell the inherited property and two do not, resolving the matter can be complex. Generally, all co-owners have the right to their share of the property and can express their individual wishes. If an amicable agreement cannot be reached, any of the co-owners can file a partition suit in court. This legal action can result in the division of the property according to each co-owner's share, allowing those who wish to sell to do so, while the others retain their shares.
Please note that laws can vary based on jurisdiction, and the specifics of each situation matter. It's advisable for the concerned parties to consult with a legal professional who specializes in property and inheritance laws to receive accurate advice tailored to their circumstances. Feel free to contact me for further legal consultation.
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Adv. Ravi Rai Sharma
Jaipur | 25+ Answers
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