Legal Question in Civil Rights Law in India

Re - One out of 19 legal heirs is opposing a building sale. What to do?

In 1955, X bought a big building and he died without any will. X has 4 sons A, B, C, D. Each of them have 4 sons each. So, there are 20 legal heirs [4 sons and 16 grandsons]. We are planning to sell this building but one of the 16 grandsons is opposing this sale and has filed a civil case in the court opposing the sale and claiming for partition of his share. He even had put up a notice in newspaper saying that nobody should buy it without his consent. A buyer is interested in buying this building, but just this one grandson out of 20 grandsons is not interested to sell this building. Since majority of legal heirs wants to sell, is it safe for us to sell this building ? The buyer is ready to buy it from us even though there is a newspaper ad and also a civil case pending over this property. Is it legal and safe for the 19 of us to sell this land to the buyer when just one guy is opposing the sale? We all are getting old and just because this one guy is adamant, we dont know what to do. Most of the people are saying only the signatures of A, B, C and D are important and just one grandson dont have that much power to stop the sale. 19 legal heirs are ready to sell , but only 1 legal heir is opposing. Please advise us what to do.


Asked on 9/27/07, 5:33 pm

2 Answers from Attorneys

Re: Re - One out of 19 legal heirs is opposing a building sale. What to do?

As per Hindu succession Act sons of deceased are class one legal heirs and grandsons are second class legal heirs and if there is no class one legal heir then only property devolves to second class legal heirs.So,since A,B,C,D OF X are alive so grandsons donot have any right in the property.Case filed by grand son is not maintainable.Move necessary application in pending case challenging the maintainbility of case and only after disposal of pending the case,you make the sale of property.since case is pending,hence,it is not advisable to sell the property before disposal of the case.There is no necessity to take signature or consent of any grandson for sale deed.

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Answered on 9/27/07, 10:05 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Re - One out of 19 legal heirs is opposing a building sale. What to do?

You have got a good case. Here the grandson who has filed the case is not maintainable at all according to the Hindu succession act. You can file a case challenging the maintaibility of case. I do not advise you to sell the property as well at this stage.

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Answered on 9/28/07, 1:13 am


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