regarding joint property
5 months ago
hello my name is tushar
i live in tilak nagar in a joint property house registered in the name of my father as well as my uncle. But my uncle and his family members have been intimidating my father to sell whole property. As our house is located in a decent locality, so my father told him very clearly that if he ( uncle ) wants to sell his half share in the property he can do so without any problem but he ( uncle ) is not accepting and pressuresing my father to sell whole property. please help me what can i do in this situation.
A.Dear Sir,
Nobody can prevent the other party from selling his share. However, the co-parcener that is your father can purchase the share on preference as per the following law.
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Right To Joint Possession And Right of Pre-emption
The right of 'pre-emption' is given to the owner of immovable property to acquire another immovable property that has been sold to some other person. It is the purchase by one person before all others. ... The objective behind this right is to maintain privacy and prevent strangers to come in neighbour or in a family.
There are two views in this matter. The purchaser has no right to joint possession of the property compelling partition. He can sue all other coparceners for that purpose. [32]
If the vendee has obtained possession, the other coparceners can get him ejected by a suit. All that the purchaser is entitled to in such a suit is a declaration that he is entitled to the share of the coparcener against whom the decree has been passed.
The Bombay High Court has a different approach. It gives some discretion to the court in the matter of ejectment of a stranger purchaser. In BhauLaxman v. BudhaManku [33] the court laid down three rules:
First, if a purchaser stranger of the undivided interest of a coparcener in a joint family property is out of possession, he should not be given joint possession with the other coparceners but should be left to his remedy of a suit for partition.
Secondly, on the other hand if the purchaser has obtained possession of the property, a coparcener who has been excluded may obtain joint possession with the purchaser.
Thirdly, the purchaser in possession need not be ejected in a suit for recovery of possession brought by an excluded coparcener. The matter should be decided on merits because he is not a trespasser. In a suitable case he may be declared to be entitled to hold (pending partition) as a tenant-in-common with other coparceners.
The issue came to be discussed by Supreme Court in M.V.S. Manikayala Rao v. M. Narasimhaswami [34] . The court held that it is well settled that a purchaser in such a case cannot claim to be put in joint possession with the other coparceners. He has only the right to ask for general partition of the joint property.
Nobody can prevent the other party from selling his share. However, the co-parcener that is your father can purchase the share on preference as per the following law.
==============================================================
Right To Joint Possession And Right of Pre-emption
The right of 'pre-emption' is given to the owner of immovable property to acquire another immovable property that has been sold to some other person. It is the purchase by one person before all others. ... The objective behind this right is to maintain privacy and prevent strangers to come in neighbour or in a family.
There are two views in this matter. The purchaser has no right to joint possession of the property compelling partition. He can sue all other coparceners for that purpose. [32]
If the vendee has obtained possession, the other coparceners can get him ejected by a suit. All that the purchaser is entitled to in such a suit is a declaration that he is entitled to the share of the coparcener against whom the decree has been passed.
The Bombay High Court has a different approach. It gives some discretion to the court in the matter of ejectment of a stranger purchaser. In BhauLaxman v. BudhaManku [33] the court laid down three rules:
First, if a purchaser stranger of the undivided interest of a coparcener in a joint family property is out of possession, he should not be given joint possession with the other coparceners but should be left to his remedy of a suit for partition.
Secondly, on the other hand if the purchaser has obtained possession of the property, a coparcener who has been excluded may obtain joint possession with the purchaser.
Thirdly, the purchaser in possession need not be ejected in a suit for recovery of possession brought by an excluded coparcener. The matter should be decided on merits because he is not a trespasser. In a suitable case he may be declared to be entitled to hold (pending partition) as a tenant-in-common with other coparceners.
The issue came to be discussed by Supreme Court in M.V.S. Manikayala Rao v. M. Narasimhaswami [34] . The court held that it is well settled that a purchaser in such a case cannot claim to be put in joint possession with the other coparceners. He has only the right to ask for general partition of the joint property.
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A.Dear Client,
Ask your father to stick to his decision until your uncle agree with your father's proposal. If your uncle's family pressurise or harass your father, then your father may warn him to report to the Police and file a criminal suit u/s.503 of IPC.
Ask your father to stick to his decision until your uncle agree with your father's proposal. If your uncle's family pressurise or harass your father, then your father may warn him to report to the Police and file a criminal suit u/s.503 of IPC.
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A.Dear Client
Clarify the ownership structure of the property. If it is jointly owned, the rights and responsibilities of each owner need to be understood. Explore the possibility of mediation or negotiation to resolve the issue amicably. Sometimes, a mediator can help both parties reach a mutually agreeable solution. If an amicable resolution is not possible, legal action may be necessary. In many jurisdictions, co-owners have the right to seek a partition of the property, allowing each party to have a share or ownership of a specific portion. If negotiations fail, you can file a suit for partition or seek other legal remedies available under property laws.
Clarify the ownership structure of the property. If it is jointly owned, the rights and responsibilities of each owner need to be understood. Explore the possibility of mediation or negotiation to resolve the issue amicably. Sometimes, a mediator can help both parties reach a mutually agreeable solution. If an amicable resolution is not possible, legal action may be necessary. In many jurisdictions, co-owners have the right to seek a partition of the property, allowing each party to have a share or ownership of a specific portion. If negotiations fail, you can file a suit for partition or seek other legal remedies available under property laws.
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