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Property Matter in village
2 years ago
How can my father sell property if uncle's are also belong with same and they are not ready to decide the part of property?
Subhashis Paul
Responded 2 years ago
A.If the property is undivided then your father can only sell the portionate share of his rights on the said undived property to any person. For further legal assistannce regarding the procedure, kindly do contact a good advocate and consult.
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A.Dear Client
As per the facts which have been provided, the joint property cannot be sold if the sales deed in joint name does not specify the share of property with clear demarcation hence safer way is to have either consent agreement for partition of property and making other joint owner as confirming party to sale deed rest of advice can be provided after perusing the original joint sale deed to find legal way since the proposed buyer will not be much interested to buy property in joint name without consent of other party however if proposed buyer is ready to buy on as is where basis then legal way to execute sale deed for portion of property can be explored.
Hope this clarifies your query and requirement.
Thank you.
As per the facts which have been provided, the joint property cannot be sold if the sales deed in joint name does not specify the share of property with clear demarcation hence safer way is to have either consent agreement for partition of property and making other joint owner as confirming party to sale deed rest of advice can be provided after perusing the original joint sale deed to find legal way since the proposed buyer will not be much interested to buy property in joint name without consent of other party however if proposed buyer is ready to buy on as is where basis then legal way to execute sale deed for portion of property can be explored.
Hope this clarifies your query and requirement.
Thank you.
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