Legal Question in Real Estate Law in India

I have a house in delhi, india. My father passed away last year, and now it is me, my brother and my mother. There is no will that my father left so the heirs of the property would be the three of us. We are planning to sell the property, but my brother for some reason does not want to while myself and my mother do. Is it possible, legally, for us to sell off our share of the property (that would be 2/3rds) to the builder? The property is in janak puri, delhi.


Asked on 3/19/11, 8:39 am

2 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

Which block of Janak Puri ? You wont be able to sell the property without your brother's NOC .It is unlikely that the builder would buy such a property because everything would be undivided and not demarcated. And you may not get the market value of your property . What is your brother's problem for not selling the same ?

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Answered on 3/19/11, 8:48 am
Vishwa Arya Arya & Co.

sir, the law of the land is that co sharer can sell the property after seeking its partition. The latest judgment of the supreme court says that so far as selling is concerned one may do so, but the possession cannot be delivered without partition of the property. so, you may sell your and mother's 2/3rd undivided share so as to make builder and your brother owner of the property in 2:1. Choice is yours or of builder.

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Answered on 3/19/11, 7:33 pm


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