How do you force the sale of a jointly owned property in Canada?
How do you force the sale of a jointly owned property in Canada?
When two or more parties co-own a property, one party may wish to sell the property. Often this applies to residential properties, however it applies to most real estate. If the other owner(s) refuse to agree to the sale, a party may apply to the courts for the forced sale of jointly owned property.
How does a partition suit work?
A partition suit can be filed by anyone [such person may or may not have any contingent or vested interest in the property and still has the rights to file a partition suit]. Any or all the Co-Owners of the property in question can file a partition suit. Any one of them or all of them can file a partition suit.
What is the limitation for partition suit?
3 years
Can Partition be demanded by way of will?
Right to Demand Partition. As a general rule, every coparcener of a Hindu joint family is entitled to demand partition of the coparcenary/ Hindu joint family property.
Can father sell the ancestral property?
This property is not earned by your father so he can not sell it to anyone. According to succession law you and your brother are legal heir of your grandfather’s property. If your father sell it to anyone you can claim it in future.
Can husband sell property without consent of wife?
yes he can sell his property without permission of wife. it is better if you take consent witness when sale deed is registered. The sale deed of the property is on the husband’s name and the wife has contributed 25% of it.
What is a Coparcener?
A coparcener is a person who acquires interest in the joint family property by birth. The essential difference between a ‘coparcener’ and a ‘member’ of an HUF is that a coparcener can enforce partition of the HUF, while a member cannot.
