• Undivided property

Property which is in name of 6 people which is owned by virtue of Ancestral Asset. Among the 6 owners 3 of them have deceased. Can any among them sell the right of the undivided property to third party without the rest of the owner consent ? If so, 

How will the tiltle get transferred? Since partition is not happened in the property.
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

Under section 44 of transfer of property act co owner can sell his share without consent of other legal heirs

2) purchaser can file suit for partition of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Hi

Any one of the legal heirs can't sell it or transfer it without proper written consent

The property came to each heirs through succesion.

For the purpose of the transfer of names in the revenue records the heirs will have to do the mutation in the village registry by following the procedure

The legal heirs who have passed away will have their right of share in the ancestral property and their tht will go to their respective legal heirs or as per their WILL of any they have made.

The division and transfer of records can happen into 6 parts unless any of them give NOC and release their respective share this the rest

Formal partition is not necessary as the all 6 heirs have equal share, parties can reach to an understanding about the physical division of the property.

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

1. Since the joint property is not partitioned by metes & bounds and also no Khata is available for the particular demarcated area and it is still in undivided status, the property cannot be sold to 3rd party without the consent of other share holders.

2. Let the joint owners undertake partition of the property through execution of registered Partition Deed and then obtain Khata in the individual names and then think of selling it.

Shashidhar S. Sastry
Advocate, Bangalore
5183 Answers
316 Consultations

5.0 on 5.0

1)brother can sell his share to third party without consent of other co owners.

2) purchaser would be having undivided share should file suit for partition for division of plot by metes and bounds

3) then carry on construction on said plot

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

on demise of brother his one fifth undivided share will devolve on his wife and children

2) wife and children can sell his share .

3) in the alternative they can file suit for partition for division of land by metes and bounds

4) if legal heirs of deceased brother sell the undivided share purchaser can file suit for partition for division of land

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Property which is in name of 6 people which is owned by virtue of Ancestral Asset. Among the 6 owners 3 of them have deceased. Can any among them sell the right of the undivided property to third party without the rest of the owner consent ? If so,

How will the tiltle get transferred? Since partition is not happened in the property.

If the property belonged to 6 people and remains unpartitioned or undivided, then all the six have to jointly sell the property or can partition the same and each ca sell their respective shares.

If someone has died then their respective legal heirs are to be included in the partition or for joint sale of the property to a third person.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

1. The legal heirs of the decesed share holder have the same rights as the deceased shareholder.

2. A person buying an undivided share of a share holder can file a parition suit seeking partition and separate possession of his legitimate share in the property.

3. The standalone shareholder has a right in the property to 1/6th equal share. If nobody cooperates then he may file a partition suit and seek partition and separate possession of his legitimate share in the property.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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