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
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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
Sep 29
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
Sep 26
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
Sep 26
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
Sep 25
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
Sep 25
