Legal Question in Real Estate Law in India

Sir,

I'm a christian widow and my husband died fifteen years ago. I have one son (married) and three daughters (one unmarried). when my husband died, he left behind property of an house without a will.

I have filed a case in court requesting for the division of property among me and my children. the honorable court granted me 1/3rd share in the property and the remaining 2/3rd to be divided equally among my children.

As the property is indivisible, the honorable court granted the property to be sold in a private auction among the share holders. Unfortunately, neither me nor my children have the funds to purchase the entire property. On the auction day, there was no bidder and hence the property was not sold.

Is there a way i can sell my property in a public auction held by the court so that me and my children can enjoy our share of the property?

thanks in advance..

Mrs A. Rozario


Asked on 8/18/12, 12:02 am

2 Answers from Attorneys
Mirza Safiulla Baig Baba & Baig Law Firm

if you and your children are ready to sell the property jointly and divide the amount as per the court decree, then you can sell the property privately without any public auction.

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Answered on 8/27/12, 1:03 pm
Shrichand Nahar S.V.Nahar, Advocate

Possible, provided all owners of the same view. Apply to the Court.

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Answered on 9/07/12, 9:47 pm


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