My wife's dad has passed, and her widow mother lives alone in ancestral house. The will says that 50% of the property is my mother-in-law's ---- and in the remaining 50%, MIL has 16%..and the 3 sisters each have 1/3 of the remaining 34%...in other words, each sister has about 1/10 of the property. My MIL wants to sell property and move to a flat, but one of the sisters is not willing to sign the power of attorney to hand over her share so the property can be sold as a whole. In case she doesn't sign the POA, is there anything stopping my MIL from selling the 90% of the land (her 2 other daughters will gladly sign the POA giving their parts of their mom). Also, if she can do that, does it matter which 10% of the land the problem sister gets? IN other words, would it be up to my MIL to give the problem daughter any piece of land as long it is 10%? thanks
The property is to be divided in the way as you have mentioned. If all the persons are ready the court can help you as you can file a partition suit and if the property cannot be divided fir reasons which are obvious she would get a share of the property/cash.
Regards
so just to be sure: 1. the property CAN be sold if needed 2. it is up to my MIL to decide which 10% she gets? pl confirm
have the legal heirs applied fo probate of the will
2) probate is judicial proof that will is genuine
3) after obtaining probate apply for mutation of property in name of legal heirs
4) under section 44 of transfer of property act co owner can sell his share without consent of other legal heirs
5) mother in law can sell 90 per cent of land
Undivided share in Property can be sold by mother in law and other beneficiaries
2) mother in law can’t decide which 10 per cent daughter gets
No doubt your MIL can sell her undivided share of property along with others similar share but if the unwilling and reluctant share holder approach court and obtain an injunction to sell the property till disposal of partition suit the entire process will jeopardize.
Therefore better arrange for an amicable partition and then let she sell the identified share of property.
Your MIL cannot decide which 10% share can be allotted to her, only court can decide about it in the partition suit considering good and bad soil and metes and bounds.
The property will be divided as per the courts order and sold and her share would be transferred to her.in a property there is no specific piece for everyone. Every shareholder holds a share but nobody can mark his or her share in the property unless it is partitioned.
Therefore you mil cannot decide which portion she gets but she can go to the court and file a partition suit and the court would divide and give her share and the property sold so that all the parties get their share.
Regards
The mother and the 2 daughters can sell their undivided share in the land. Nothing stops them
However the buyer may require the Will to be proved and property transferred to beneficiaries named in Will before he purchases
If there is no such insistence, the shares can be sold and a POA can be given to buyer to transfer property to beneficiary names and then to his name
The daughter who is not agreeing for the sale will continue to hold her 1/10 undivided share
Yes your MIL can sell her 90% of her share in the property. But she cant fix her daughter portion of 10 %. For which she with all her daughters can enter into a partition deed fixing each one's portion. Or she can file partition case against her daughter who refused to sign
See partition first of all is either mutual or if though court then all the legal heirs get equal value piece she cannot give any piece to daughter.
See the mother is free to sell her undivided share along with share of 2 daughter if they give her POA. The third daughter can file and it for partition for her share and can take interim stay on sale of property so that property is not sold pending the partition suit.
1. Yes if there is no stay the undivided share can be sold.
2. No.the daughter get fair piece of 10 percent mother won't alone decide either they decide mutually or.daughter.can move to court for her share.
1) If it is joint property than your MIL can sell her share and retain her daughter share who do not want to sell ancestral property.
2) For further guidelines yoy can call me.
1. If one of the co sharers does not transfer her share, the title in full in the property can not be passed in her absence.
2. The property can nevertheless be sold by the remaining willing co sharers but in that even only 84% share in the property would be transferred to the buyer.
Yes, the property can be sold collectively by such co-owners, who are willing to part away with their share in this undivided property.
This is permissible in terms of section 44 of the Transfer of Property Act.
1. Your Mother in Law and her other daughters can sell their undivided and undemarcated share of the property to a developer leaving the share of the lone sister in law who refused to sell her share of te said property.
2. The Developer will make the said sister in law signing the sale deed in his favour by hook or by crook or by paying some additional amount to her.
3. In the wordst case, the developer can file a partition suit after buying the undivided and undemarcated share of all the remaining heirs of the said property.
1. The share of the Mother in Law and other heirs (leaving the lone sister in law) property can be sold.
2. The property can be divided and demarcated by metes and bounds only by registering a partition deed or by the Court after a partition suit is filed by those legal heirs of the Developer/buyer of the said shares of the property.
In this case there should be a legal partition from court. Part property without clear title will not benefit the purchaser
