Legal Question in Real Estate Law in India
We have an ancestral property in Mumbai which was recently transferred from my grandfather's name to my father and uncle's name. My father is keen to sell the property but my uncle does not want to sell it. Is there any provision in the Indian law which would allow us to force my uncle agree to sell the property?
1 Answer from Attorneys
25.09.2013
Dear Sir / Madam,
One of the important features to constitute a transaction of Sale is that it should be made with the explicit consent of the Seller. The consent of the Seller should not be obtained by coercion, fraud, undue influence, misrepresentation or mistake. Further, if the act of Sale is impaired by any of the five acts mentioned above, the transaction of Sale is vitiated and is void at the instance of the person whose consent is vitiated under Section 19 and Section 19A of the Indian Contract Act, 1872.
Regards,
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