Sale of a jointly owned property without specific division

There is a joint property bought by my father and his mother in law together but they do not specifically mention the share that each has in the property . My father has built a house in his half share leaving the remaining land .Since both the owners have expired, now i live with my family in the aforesaid property. As my brother wants to start a business he is now asking me to sell the unoccupied land and settle his share.Now my question is 'can i sell the land without the consent of the heirs of my father's mother in law?' ( My father's mother in law has got 4 sons and a daughter i.e my grandmother) Or 'Can i sell the house in which we live without their consent?' (Since there is no mention about the share by the owners in the deed) Many thanks.

Answers (2)

76 votes

As the property was jointly acquired by your father and his mother in law, it is legally presumed that each would be entitled to half share. If the share of each has not been specifically earmarked or divided by metes and bounds, after their death, half share of your father would devolve upon his legal heirs equally and the other half share of your father's mother in law upon her legal heirs equally.

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242 votes

Since it is a joint property, you can't sell the property without the consent of your grandma's legal heir. For that you need to take everyone on board and find out an amicable solution among the family members. it will be good for everyone and save lot of time as well unwanted litigation. Some times situation demands that on your own you need to talk with each other and settle the issue once for all.

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