Sale of jointly held property by one co-owner
8 months ago
We are three persons from a family -who are owners of an inherited flat- two brothers and a sister. Sister is not fully sound and presently lodged in old-age home. She is unmarried. The inherited flat was jointly purchased by deceased eldest brother, who died intestate and in unmarried state, along with mother who also deceased. Now, the said flat is lying vacant and needs to be sold soon to provide for payment of outstanding taxes and maintenance dues related to it to the flat association as well as to provide for the maintenance and sustenance of the above said sister who is put up in an old-age home. As per WB Apartment owners Act, 1972, being a compact small flat, the flat is not liable to partition. Kindly advise as to how to sell the flat as the youngest brother is not willing to cooperate or do anything in this regard.
In the prevailing situation, when out of three Co-owners, one passes away intestate and another is mentally unsound, you being a co-owner of the inherited property, need to obtain a Legal Heir Certificate in respect of the deceased owner from the Civic Authority and thereafter, you can file a civil suit before the Civil Court having jurisdiction over the property praying for an order/declaration permitting the applicant/plaintiff to dispose of the said jointly owned property and for distribution of sale proceeds in an equal share among the surviving legal heirs after discharging the financial liabilities accrued on the property. So you need to consult with an Advocate with all the property papers and other relevant documents for proper guidance and steps. In case you any legal assistance in the matter you can contact our legal team for the purpose.
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