Order to sell common property
Order to sell common property
Property is divided into two general categories: common and detached.
Shared ownership: It is ownership in which the share of each owner is known, but the subject and scope of his share is not specified. In this case, each owner has a share in all components of the property.
Acquired ownership: Ownership in which the share of each party and partner is clear. For example, when a common property is shared between several people and it is not possible to reach an agreement between all partners for sale or possession, each partner has the right to go to court and file a sales order petition, regardless of the amount of the share.
In the case of a request for the sale of a common property or a request for the issuance of a sale order, the judge shall issue a sale order after consideration and acquisition of ownership and readability of the other partners. In the implementation stage, by referring the matter to the expert, the price of the property is determined and the whole of it is sold, and the proceeds from the sale are deposited in the account of the Justice Fund, and naturally each partner has the right to claim only his share of the amount.
According to the law of separation of common property, the request for a sale order must be processed after the non-separation is determined. Unless there is an alien among the heirs. In other words, the common partner of the first sale applicant must refer to the local registration office and after determining that the property is not separable and issuing a non-separation order, he can apply for the sale. If the property registration operation is underway or has not been done at all, you should go to court to request the separation and sale of both.
If you have any questions about the lawsuit and the order for the sale of the common property and the rulings related to it, or if you need help in preparing and implementing its provisions, our experienced consultants and lawyers at the Asia Lawyers Group will answer your questions.
