• Joint property - liquidation of my share

Hello Experts

Need some guidance from you.

We are two siblings and own a joint property. The property is registered in our names with equal share in 2007. Now, I want to sell my share of the property. However, my sibling is not in agreement with this. Is there a way out of this situation? I definitely want to liquidate my share of the property.

Options that I have tried:
1. Sell & transfer my share / ownership rights to my sibling: However, my sibling is not in agreement with this citing funds issue
2. Sell the entire property to a third party / external buyer: Again, my sibling is not in agreement with this

Request the experts to kindly provide guidance on the way forward. I would prefer to avoid a case in the courts of law situation (unless that is the only option left) since that will have a large scale impact on family relations.

Best Regards
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

under section 44 of transfer of property act co owner can sell his share in property without consent of other co owners

2) you are at liberty to sell your share to third party

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

You can sell your share in the property to the prospective buyer.

The buyer should be willing to buy your undivided share in the joint property.

You can seek for an amicable partition and separate possession of your share in the property after which you can sell the property to any prospective buyer accordingly.

If your brother is not willing for an amicable partition then you may file a partition suit and seek the relief of partition and separate possession of your share in the property.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

mutual consent is best option for division of the property

2) if it is not possible file suit for partition for division of property by metes and bounds

3) court would pass preliminary decree for partition

4) commissioner would be appointed for division of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

This is a joint property of about 1600 SQFT on which there is a building constructed (ground floor exclusively for parking, first and second floors for residential purpose). In this case, how would I end up defining my share? Will it be through mutual consent from my sibling? Or are there any legal guidelines for the same?

Since the property is under joint possession an amicable partition between you two shall avoid lot of unpleasant things besides litigation expenses, time and energy spent for the litigation, strained relationship etc.

Leaving the ground floor parking space wit common rights for both and dividing the properties as is where is basis with the respective occupiers and in case of any compensation to be made to one another for any recessive space in the share of the property, should be solved amicably and go ahead with the further proposed acts.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Your shares are almost demarcated. There is no issue there. If you both are owners having independent access to each of your shares, then selling your share to a third party is the best solution, for which the signature of your other sibling would not be required.

In any event if you wish to offer your share to your sibling at the price slightly lower than the market price, chances are he might pick up your share and you would not need to explore selling your share to a third party, that way he can retain the entire property to himself. As you have already explored this possibility, your only option would be to sell your share to a third party, if it satisfies the condition stated above.

If both these options don't work then you will need to explore the possibility of resolving this only through the courts.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

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