Joint Property

I am one of the seven legal heirs to ancestral property. My father expired in 1986. In total 5 brothers and 2 sisters are legal heirs to property. Now situation is out of 7 heirs , six want to dispose of the property but the widow of the 7th heir who is currently one of the occupant in the above noted property does not want to settle the issue. can someone advise if there is some way out more  

View all 6 comments Below 6 comments
Actaul situation in this case is that the Widow of the 1/7th legal heir does not want the property to be divided into 7 shares. She does not want to give sisters their share. She wants the property to be divided in 5 shares and wants her 1/5th Share in the property. On this condition she is ready to sell. But this condition is not agreeable to sisters who are also legal heirs , Although they do not have the physical possession of the property. They are not ready to sign any legal documents connected to the property till they get their legal share. All Brothers 4 (in this case) are in physical possession of the property and ready to give sisters their legal share, Only the widow of the 5th Brothers does not want give sisters anything. The situation has been like this for last 20 years, Because of one person unreasonable demand 6 others are forced to suffer more  
Pray, who will pay the 1/7th share? Unless the mutation is done the share is not negotiable. Who will be interested in buying just 1/7th share of the property? Only solution appears to be going in for mutation and seeking 1/7th physical share of the property and occupation. Sheer difficulty in dividing the property into 7 parts anf having to let go of the6/7 part of the property will induce submission into the sale. more  
Dear kamath ji.for your property. You can FILE DECLARATION SUIT/CASE in concerned district court and you will get your 1/7 shre. For more discussion you can contact on my mobile: 9312502702 more  
I am no lawyer but am of the view that the occupant heir cannot be dispossessed of the property or forced into liquidation of the property. At best, the other heirs can demand their physical share by subdivision. Physical division of the property can precipitate the situation into sale and sharing. But the Court will take into account the hardship faced by the occupant and other heirs. more  
The legal advice of Sh. Dayananda Kamath is of utmost importance, but the other 6 legal heirs must honour the feelings of Widow heir which are linked to her late husband. Have a Very Very Happy, Nice, Pleasant, Peaceful, Prosperous and Lovely Year ahead. more  
Post a Comment

Related Posts

    • RWA Maintenance

      Hi, Would like to know is there are any court order or Law which gives flexibility for Owner/Tenant to pay the maintenance amount as per his/her convenience. Initially the m...

      By Anonymous Circle member
      /
    • Legal Position - Responsibilty of the Builder to hand over the common Assets

      We have come across a situation where our builder of a group housing of Villas and flats numbering 411 has put a condition thru some of his supporters In the RWA that he will transfer the common as...

      By LOGANATHAN KOTHANDARAMAN
      /
    • Disconnection of EB connection - to those Tenets whose license is cancelled by local body an

      Is there any judgement regarding disconnection of EB connection of a tenent whose license is cancelled by local body or panchayat and in a building which is colloapsed. Misuse of eb connection a co...

      By Ramachandran Sridhar Alias Krishnan
      /
    • THE DAUGHTER IN LAW MENACE

      The Government through the legal system has empowered women backed by commissions and other SPVs specifically created for the purpose.However law alone can not empower women and empowered women mus...

      By Prasanta Misra
      /
    • Genuine Lawyers and fake

      An Advocate ( I dont want to name) has sent me a notice submitting some false information regarding the ownership of the property from his client and threatening that he will take legal action aga...

      By Ramachandran Sridharakrishnan
      /
    • Registering a Business

      Hi, Am a working professional in a pvt ltd company. My query is while working in the company can i register a business in my name. Is there any act/law which prohibits. Thanks for your t...

      By Anonymous Circle member
      /
    • Transfer of property by gift deed

      Can a mother, having five children, gift deed her property to a particular child without informing to the other children or getting consent of the other children?

      By Amitava Dutta
      /
    • Judiciary must deliver fast & correct judgement

      As soon as a person is arrested on filing of FIR by police, & produced before Magistrates court dealing with Criminal case, the accused applies for bail & also obtains Stay before sessi...

      By Bahadur Sanjana
      /
    • Legal advice to file a complaint

      Dear Members, I have to file a legal complaint against HDFC Bank at New Delhi for my pending refund of 60 thousand since Jan 2019. I have communicated enough on emails and on the phone however...

      By Sumit Bajaj
      /
    • Settlement of claim

      Can any Circle member guide to get back the amount of one's father held up in a bank(SBI) after latters death without any nomination.

      By Koiredla Chandrarao
      /
    • 4 crore personnel loan

      We have total 4 crore personnel loan out of 5 crore loan. One of my partner cheated us in Mining business. He mis utilized entire fund and project fake orders he created. We are.in...

      By Anonymous Circle member
      /
Share
Enter your email and mobile number and we will send you the instructions

Note - The email can sometime gets delivered to the spam folder, so the instruction will be send to your mobile as well

All My Circles
Invite to
(Maximum 500 email ids allowed.)