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Want to sell my share of jointly acquired property
12-Jan-2023 (In Property Law)
I am a Hindu. I have an Ancestral House jointly owned by 6 legal heirs, my mother two brothers and two sisters and me. Apart from my 1/6 Share I have got 4/6 Shares transferred to me by Release Deed from my mother, elder brother and two sisters making my Share 5/6. The remaining 1/6 share belongs to the legal heirs of my younger brother who expired on 04/04/2016. As the wife and two daughters of my deceased brother are not on talking terms with any of our Family I am unable to buyout their 1/6 share or sellout my 5/6 share to them. Kindly advise how to sell my 5/6 share of the House to any third Party in case of Financial necessity. All my efforts to contact my brother' wife and daughters through their relatives have failed and they remain silent and refuse to spell out their stand. Kindly advise. Thanks
Deceased Younger brother's wife and two daughters are having equal share in 1/6 share of your younger brother in the anscesteral house.As per doctorine of premption if the legal heirs of your younger brother wants to sell the 1/6 of property it is only you having right to purchase the same.you can issue advocate notice to that effect. Or
You can sell your 5/6 of share to any third party after making apportionment of 1/6 share to the legal heirs of your younger brother calling them through advocate's legal notice.
You can sell your 5/6 of share to any third party after making apportionment of 1/6 share to the legal heirs of your younger brother calling them through advocate's legal notice.
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Adv. B.A.Zahirudeen
Mayiladuthurai | 25+ Answers
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1. You can send a legal notice for partition.
2. Based on their response or after 1 month, whichever is earlier, we shall file a suit for partition.
3. Once you bring them court, you could insist for any solution.
2. Based on their response or after 1 month, whichever is earlier, we shall file a suit for partition.
3. Once you bring them court, you could insist for any solution.
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Adv. K S Rajeshkumar
Chennai | 25+ Answers
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You better issue a legal notice to the legal heirs of your deceased brother and give an option to them to buy their shares. In case they fail to respond or refused to accept your request then you can proceed to make sale of your 5/6th share in the property. It is for the buyer to take a call whether to buy 5/6th share or not. The other option is to go to the court and seek partition with regard to your 5/6th share.
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