u/Educational-Law5741

Hi everyone,

I’m looking for some legal guidance regarding a jointly owned residential apartment in Mumbai.

The apartment is jointly owned by my mother, her elder sister, and her elder brother. The ownership of the property was under litigation for around 12 years, but the dispute has now been resolved, and the court has held that the property belongs to all three of them.

Throughout these years, my mother spent a significant amount of money pursuing the case.

Currently:

My mother’s elder brother (late 60s) is living in the apartment. He is not financially well off and is willing to sell the property.
Initially, all three co-owners had agreed to sell the apartment after the case was resolved.
However, my mother’s elder sister has now refused to sell. She has not provided any clear reason. From what we understand, her son is strongly influencing this decision.
The sister herself is also residing in another co-jointly owned property. Which mom and her brother has plan to sell off.
Ironically, both the sister and her son are also facing financial difficulties.

This has left my mother in a difficult position. She has already endured 12 years of litigation and does not want to get involved in another prolonged legal battle.

My questions are:

If one co-owner refuses to sell, what legal options are available to the other co-owners?
Can the other two co-owners force a sale or seek partition of the property?
Is there any practical solution that avoids years of fresh litigation?
Would mediation or any other legal mechanism be advisable in such a situation?

Hi everyone,

I’m looking for some legal guidance regarding a jointly owned residential apartment in Mumbai.

The apartment is jointly owned by my mother, her elder sister, and her elder brother. The ownership of the property was under litigation for around 12 years, but the dispute has now been resolved, and the court has held that the property belongs to all three of them.

Throughout these years, my mother spent a significant amount of money pursuing the case.

Currently:

My mother’s elder brother (late 60s) is living in the apartment. He is not financially well off and is willing to sell the property.
Initially, all three co-owners had agreed to sell the apartment after the case was resolved.
However, my mother’s elder sister has now refused to sell. She has not provided any clear reason. From what we understand, her son is strongly influencing this decision.
The sister herself is also residing in another co-jointly owned property, Which mom and her brother has plan to sell off.
Ironically, both the sister and her son are also facing financial difficulties.

This has left my mother in a difficult position. She has already endured 12 years of litigation and does not want to get involved in another prolonged legal battle.

My questions are:

If one co-owner refuses to sell, what legal options are available to the other co-owners?
Can the other two co-owners force a sale or seek partition of the property?
Is there any practical solution that avoids years of fresh litigation?

The property is located in Mumbai, Maharashtra.

Any guidance from lawyers or people who have dealt with similar situations would be greatly appreciated. Thank you.

I 26m completed my bba and have helped my dad’s business for 4 years now i have joined llb and completed 1 year with 1st sem having cgpa 9 and second semester results haven’t been out yet,
I really look forward to working at top-tier law firms but i need some proper guidance.
What should i be doing as a second-year law student?
What all opportunities do i have in corporate field?
Thank you for your time !!

Mine is thirandi vaal