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Author Topic: CO-OWNER SHARE SALE/JUDICIAL PARTITION , WITHOUT CONSENT  (Read 598 times)

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Offline nsnsns81

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CO-OWNER SHARE SALE/JUDICIAL PARTITION , WITHOUT CONSENT
« on: October 12, 2017, 04:24:21 AM »
Dear Sir , Plz advice :

Religion : Hindu
Property: 100sqyd house in Ashok Nagar(West delhi) having
3 co-owners, i.e. uncle(eldest-expired)+my father-expired+uncle(youngest)-alive.

Property registered as undivided equal share for all 3 brothers. Eldest uncle was living in this house till 2014(before he expired), occupying 40 sqyd area, as per walls and structure design.
Currently no one stays there since last 3 years.
However me and youngest uncle wish to sell the property but eldest uncle's heir are not responding to our request.
My query specifically is:
1. Can myself and youngest uncle sell our 2/3 undivided share to third party, without eldest uncle heir consent.
2. If 1 not possible, can court intervene and force order to sell as co-owner not responding and property is unoccupied.
3. If 2 not possible, can we send legal notice for judicial partition of 1/3 share each, even if they not agreeing.
4. Can uncle's heir sell 40sqyd without our consent.

If nothing possible, is it better to get stay on property

Regards,
Nitin

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