2 brothers have sold their share in a house what can the buyer do to the third brother?
2 years ago
this is a family ancestral house. out of 3 brothers 2 have sold their share to a builder .the third brother does not want to sell. can the builder get the 3rd share through court incase he files in court or can the property go in auction since the third bother doesn't want to sell his share.
First these two brothers ought to have offered such sale to their third brother if refused they should have approached Court to put the property to the public auction or sell the same builder. The proceeds will be divided into three parts.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
You can contact your brother and beg him to relinquish his portion willingly; if this is not feasible, you will have to sell your separate shares and leave the other to its fate. You should consult with a lawyer and inquire about all of the legitimate heirs to the property.
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You can approach the brother and ask him to voluntarily give his share, if it is not possible then you will have to sell your respective shares and let the other be. Note that you should visit a lawyer and ask about all the people who are legal heirs to the property.
Thank you.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Section 44 of the Transfer of Property Act provides that the transferee of a share of a dwelling house, if he/she is not a member of that family, gets no right to joint possession or common enjoyment of the house. Section 44 adequately protects the third brother against intrusion by an outsider into the dwelling house. The only manner in which that Builder being an outsider can get possession is to sue for possession and claim separation of his share. In that case Section 4 of the Partition Act comes into play.
As two-third portion of that dwelling-house has been transferred to that Builder who is not a member of such family,then such Builder if sues for partition, the Court shall, if the THIRD BROTHER of that family undertakes to buy the share of such transferee, make a valuation of such share in such manner as it thinks fit and direct the sale of such share to such shareholder, and may give all necessary and proper directions in that behalf. If the third brother in such partition Suit is unwilling to purchase those two-third share and the division of property is possible,then it can be done but if such partition is not possible,then the Court may Order for Court Sale and to divide the Sale Consideration amongst the Owners according to their ownership ratio.
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