Ancenstor (Vadiloparrjit) property Ancenstor (Vadiloparrjit) property

5 years ago

Sir,
We have ancestor property. We are now around 20 owners as per property card. Some of the owners are willing to sell thier part.
1. Should they conduct meeting with other owners and inform them we are selling our portion? They should take our consent first n then go for it.
2. Is it manadetory to ask other owners if we are willing to buy their portion?

Appreaciate your quick response...!
Thank you,
Chait

Deepak Yashwantrao Bade

Responded 4 years ago

A.dear client in your matter It seems that your matter is complicated.All the owners jointly appoint an Arbitrator through this process you can come to a peaceful settlement of disputes.The court process will consume more time.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

View All Answers
A.Dear Sir,
Before sale you must offer to the co-parcerner if refused then only you can go ahead.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Johnson Thangiah

Responded 5 years ago

A.Sir,
It seems that your matter is complicated.All the owners jointly appoint an Arbitrator through this process you can come to a peaceful settlement of disputes.The court process will consume more time.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Prabhakara S K Shetty

Responded 5 years ago

View All Answers
A.Not mandatory as per Law. it is good to know everyone`s intention so that you will get a clue to possible future complications/ litigations some may create. You can also ask the builder to contact each one and allow himself to deal with them separately.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Bhandari Law Firm Advocate & Attorneys

Responded 5 years ago

A.It's clear form the query that property is undevided. In that snario it's better that you should inform to all other Co owners and tell them that you want to sell your share.

In joint Property you have share but it would be not clear that you are owner of which portion.
So delivering possession after selling would be difficult for you.

First you should get your portion out of that land and if your portion is clear then there is need to call any one you may sell your share/portion and no any consent is required
Helpful
Helpful
Share
Placeholder image

Anonymous

Replied 5 years ago

Sir,

Thanks. Just to make it more clear, property a old 'wada' in city. (some part is not constructed and some part has been developed- flats in our possession) we r planning to give it for redevelopment. Buider has offered us 2 options...1. X amount in cash or 2. X no. of flats.
Initially all the owners were ready for 2nd option (flat)..but due to delay from builder, Now Some r willing to go for flats after development and some r willing for cash before the development.
Questions are:
1. Owners who r willing to take cash, Should they conduct official meeting with other owners and inform them we are selling thier portion to builder/one of the owner of property?
2. Is it mandetory to ask other owners if they are willing to buy their portion in cash before asking any third person?

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Johnson Thangiah

Responded 5 years ago

A.Sir,
Your question is not clear- whether that property divided or undivided or joint one .....?
Helpful
Helpful
Share
Placeholder image

Anonymous

Replied 5 years ago

Sir, Thanks. Just to make it more clear, property a old 'wada' in city. (some part is not constructed and some part has been developed- flats in our possession) we r planning to give it for redevelopment. Buider has offered us 2 options...1. X amount in cash or 2. X no. of flats. Initially all the owners were ready for 2nd option (flat)..but due to delay from builder, Now Some r willing to go for flats after development and some r willing for cash before the development. Questions are: 1. Owners who r willing to take cash, Should they conduct official meeting with other owners and inform them we are selling thier portion to builder/one of the owner of property? 2. Is it mandetory to ask other owners if they are willing to buy their portion in cash before asking any third person?

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

P.Venu

Responded 5 years ago

A.Names appearing in the property card alone is not the deciding criteria. Also, it need to be examined whether the property is ancestral or self acquired.
Helpful
Helpful
Share
Placeholder image

Anonymous

Replied 5 years ago

Sir, Thanks. Just to make it more clear, property a old 'wada' in city. (some part is not constructed and some part has been developed- flats in our possession) we r planning to give it for redevelopment. Buider has offered us 2 options...1. X amount in cash or 2. X no. of flats. Initially all the owners were ready for 2nd option (flat)..but due to delay from builder, Now Some r willing to go for flats after development and some r willing for cash before the development. Questions are: 1. Owners who r willing to take cash, Should they conduct official meeting with other owners and inform them we are selling thier portion to builder/one of the owner of property? 2. Is it mandetory to ask other owners if they are willing to buy their portion in cash before asking any third person?

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Prabhakara S K Shetty

Responded 5 years ago

View All Answers
A.Ask help of family elders to a meeting of all for an amicable partition, if some of you can buy shares of others who want to sell, it will be easy.
Helpful
Helpful
Share
Placeholder image

Anonymous

Replied 5 years ago

Sir, Thanks. Just to make it more clear, property a old 'wada' in city. (some part is not constructed and some part has been developed- flats in our possession) we r planning to give it for redevelopment. Buider has offered us 2 options...1. X amount in cash or 2. X no. of flats. Initially all the owners were ready for 2nd option (flat)..but due to delay from builder, Now Some r willing to go for flats after development and some r willing for cash before the development. Questions are: 1. Owners who r willing to take cash, Should they conduct official meeting with other owners and inform them we are selling thier portion to builder/one of the owner of property? 2. Is it mandetory to ask other owners if they are willing to buy their portion in cash before asking any third person?

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconProcess to add a co-owner applicable stamp duty and registration fees
Dear Client, To add a co-owner, a new deed has to be created, which must be registered at the sub-registrar's office to attain legal validity under the Transfer of Property Act. This can be done eithe...
question iconPossession of Flat without builder obtaining OC & CC
Dear client, if the builder hasn't been applied or haven't got OC & CC then you can file a complaint on the builder in the consumer court or to the authority under the Real Estate (Regulation and Deve...
question iconHousing society matter
Dear client, according to the model by laws, each state has their housing society act. For every 5 years the elections for society managing committee has to be done. You can officially file a complain...
question iconDelay in Apartment delivery and Registration
Dear Client, In the given situation, when the housing complex is a registered project of RERA, then serving a legal notice to the Builder, file a complaint individually or collectively with other buye...
question iconMaintenance
Dear Sir, Bombay high court judgment, which held that maintenance charges shall have to be equal amongst all members irrespective of their carpet area or number of bedrooms. The same shall not be levi...