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Two heirs forcefully occupied ancestral property can I sell it?


04-Jan-2023 (In Property Law)

We are five legal heirs to our father. Our father has expired intestate in 1999 and my mother was also expired in2003.My father had property partly ancestral and partly self acquired. There is neither a agreement of partition nor a legal partition .Tow of the legal heirs have forcibly occupied the entire property. They are also not co-operating to file a partition suit collectively. Even if myself alone can file a partition suit ,the process is time consuming and cumbersome. In this situation can I sell my share of the undivided property of my Father

Answers (2)

Answer #1
573 votes
If you are confirmed of your share in the property you can find a buyer who shall be willing to buy your undivided share in the property left behind by your father.
For this you have to obtain legal heir ship certificate from Revenue department.
You have to identify the property and show the property documents to the buyer to prove its previous ownership and your link to it.
You should have created a record in writing by sending a legal notice to your brothers seeking share in the property for which they should have replied or at least acknowledged.

Answer #2
812 votes
Yes you can. The only issue is your share in the property will go to third party without partition.but the proposed purchaser has to face all the difficulties. Without partition no one can identify their share of land which will lead multiplicity of litigations

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