The property in question is in Jaipur. This House property is presently occupied by one of the class 1 Legal Heir. Other Class 1 legal heirs are 2. So overall 3 Class one Legal Heirs are there. I would like to know the legal rights of other 2 legal Heirs under Hindu Succession Act in terms of : 1. if other 2 legal heirs are living in other towns hence are interested to get the share by way of sell, can they insist and legally get it done. 2.The person occupying the house is interested to buy the others share but not ready to pay the money immediately and has put the condition to pay on retirement ( after 3 years). Whereas the other legal Heir is ready to pay immediately others share valued at offer received by outsider. But the occupier is demanding much higher valuation. In Short his intention is to create dispute or demand unreasonable valuation so that he can enjoy the benefits of occupying the house 3. Even if the unreasonable valuation suggested by occupier is accepted, he is not ready to give possession of house, stating that he will not go on rental. First from receipt money he will search for buying house and then vacant. Please advise legal recourse.
1.To get the respective shares in the joint proeprty they can file a suit for partition,for separate possession and for injunction.
2. Do not go by this way as it would delay the buy out option for long.Rather file partition suit,
3. That is why I advised legal recourse.
Property is made in such a way that partition in 3 share is not possible. How the suit of partition help and how long does such suit take to settle. What do you mean by injunction. Is there any way by which he can be compelled to vacate the house till the partition suit settles.
1) all 3 legal heirs have equal share in property
2) you can file suit for partition for division of property by metes and bounds
3) under section 44 of transfer of property act co owner can sell his share without consent of other legal heirs
4) amicable settlement is best option
Entire property has to be sold and amounts to be distributed by court order
Go for partition suit. It is advised that if you settle on any proposition then don't accept the payments in future, unless u r sure of it. Try mediation in court. It may bring out viable options and it's free I guess.
I would at this juncture would advise you to go for amicable settlement, as all the legal heirs (3) will have equal share in the property and if this is not possible then you can file a suit for partition. Needless to say the same will take years to decide.
Regards
1.) Yes definitely the can legally insist to get the share by way of sell.
2.) You all 3 legal heirs need to sit together and decide the market price of the property then decide the matter wisely.
Suit of partition will help you definitely, by way of appointing the local commissioner then he will decide the proper share of the property whether by way of partition or selling the property in auction.
Injunction means to stop or to negate to do something over the property. Any alteration or modification will be disallowed.
There is no way by which he can be compelled to vacate the house till the partition suit settles.
if i am not wrong, what conversation you made between, all are verbal. there is no official conversation. let do it official.
the two share holder residing out side should send two separate notice to the residing share holder intimating your intention to sale you share to him at market price. it also will be mentioned in that letter that you are also ready to purchase his share if he so desire.
if the residing share holder remain silent, you are entitled to sell your share to the third party. or you may file a declaration suit instead of partition suit for occupying your share in the house. injunction will not give you any benefit. there is no provision of law to dictate him for vacating the house during pendency of partition suit.
If the other legal heirs want to sell their share of properties they may arrange to an amicable partition among all the legal heirs, get their share separately and sell it if there is no possibility of joint selling by all.
If the amicable partition is not possible then a partition sit before a court of law shall fetch you the relief and remedy to it.
An unwilling share holder cannot be forced to accept the common decision.
Property is made in such a way that partition in 3 share is not possible. How the suit of partition help and how long does such suit take to settle. What do you mean by injunction. Is there any way by which he can be compelled to vacate the house till the partition suit settles.
If the court is not able to partition the property as per the existing rules, then the court may bring the entire property to auction and distribute the sale proceeds among all the shareholders.
The partition suit may run for almost three years or more.
He cannot be evicted till the court passes the judgment in the partition suit.
All class 1 legal heirs will have equal right on the property. Any of the legal heir can sell three share of the property to a third party, provided their share is defined by proper documentation. One legal heir cannot impose terms upon the other, if they are not agreeable to it. If both the parties agree upon same terms, sale can happen.
If you think the other's terms are unreasonable, and if the property is not divisible, file a Suit for partition. If the court finds that the property is not divisible, or upon the request of parties, Court can have the property sold, and the proceeds will be shared by all the parties.
Injunction (Temporary) is any relief granted by the Court pending the hearing and final disposal of the Suit, "... restraining a person from beginning or continuing an action threatening or invading the legal right of another, or compelling a person to carry out a certain act". It is unlikely that the occupier will be forced to vacate the property till the matter is pending, and he still has rights over the property, unless he is causing damage to the property. But the court can allow the other legal heirs to occupy the property too, upon application, during the pendency of the Suit.
