Legal Question in Real Estate Law in New York

About 27 years ago my husband, brother and father bought an old house in central delhi, and all 3 paid their respective shares. My father-in-law who is a retired lawyer, for some reason added his fourth son's name, and added our 3 names to the latter's flat bought subsequently in the same neighborhood. None of the sons questioned this at the time, and each has been staying in his own flat since then. 4 years ago my husband lost his brother (in the same building with us), and his wife wanted to sell her share, due to financial reasons. The brother whose name was added refused to sign, for the simple reason his flat has not appreciated as much as ours due to some legal issues the freehold is not yet done. Now my husband wants to sell his share. Is it possible without the 4th signature? We are in dire need and are willing to sell at less than the market price.

Asked on 11/15/12, 12:42 am

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

The solution is to bring an action for partition. The court will force a sale of the property.

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Answered on 11/15/12, 7:50 am

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