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Shareholders not performing partition or demarcation, what to do
10-Apr-2023 (In Property Law)
My grandfather's self acquired land property without will,has 5sons,one daughter and one wife.the succession is done from Panchayat and land distribution (not demarcation) in every shareholders name is done from BLRO...also parcha is made.Grandmother gifted her share of land to my mother(youngest daughter in law),which is registerd and parcha obtained in my mother's name.Now my father and mother wants to sell their shares..but other shareholders are not performing the partition deed and demarcation.. How to sell their shares?
Sir,
There are two ways in your problems either sell your share in an undivided manner but again the purchaser will have to seek partition from them for demarcation of his share and the other ways is that you should file a partition suit in the court of your jurisdiction.
But before selling your property keep in mind the provisions of RIGHT TO PRESUMPTION as enuciated in section 4 of partition act
There are two ways in your problems either sell your share in an undivided manner but again the purchaser will have to seek partition from them for demarcation of his share and the other ways is that you should file a partition suit in the court of your jurisdiction.
But before selling your property keep in mind the provisions of RIGHT TO PRESUMPTION as enuciated in section 4 of partition act
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Adv. Vikram Ojha
Kolkata | 200+ Answers
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Can a joint property be sold without partition?
Although there is no law prohibiting the sale of an undivided share in a joint property, the buyer who does not physically partition the property cannot take possession.
Can I sell my share in a co owned property without the other owner's permission?
When the shares of co-owners have been stated specifically in the sale agreement, a co owner can sell their part without the consent of another co-owner. If the share isnt stated, a co-owner must ask the consent of the other before selling.
Can a family owned property be sold without one members consent?
If you jointly own a property with your father, he cannot sell it (whether to a daughter or son). When the property is owned jointly, both owners are usually required to participate in the selling process. In the event of a dispute in the property, it may end up before a court.
How do I stop a joint property sale?
How to win a partition action. You can win a partition action if you want to sell your property. Either you get a court order or you force a voluntary sale. You can stop a sale by buying out the other owners or convincing them to stop the partition.
There is no bar on you from selling your share of the property, as section 7 of the Transfer of Property Act states this fact, being a co-owner of the property you have all the right to transfer your share to another co-owner or an outsider for any consideration. But there will always be a confusion as to the exact share of each co-owner in the absence of partition and therefore partition of the property is always preferred. If the other co-owners are refusing to get the partition done mutually or are obstructing you from selling your share then the only way you have is to file a ''Partition Suit" and then get your property demarcated.
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Adv. Shayak Chakraborty
Kolkata | 100+ Answers
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By way of sale your parents can sell their undivided share in the property after notifying the other shareholders of the transaction and if there is any objection to the sale then let that be on record and thereafter a partition suit can be instituted at the relevant court having jurisdiction.
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48+
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Adv. Alakananda Das
Kolkata | 100+ Answers
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