• Regarding selling half the land property / sub-dividing a plot

There is a land property/plot on my mother's name. She wants to sell half of the land and keep rest of the half which she might plan to sell later. Can she simply sell half of it now or is there any legalities involved, any sort of approval required from any concerned authorities for selling only half of the land...? If so, please guide me through the process and time required. Also, in case any sort of approvals or legalities are involved, can doing a gift deed to me and my brother of the said property may work as a simple alternative helping us sell half of the land by one of the brothers... Please suggest the best way and alternatives to approach this concern !
Asked 4 years ago in Property Law
Religion: Hindu

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19 Answers

She can sell her share anytime. But if possession is joint then it can create issues. She can sell the same through sale deed

Prashant Nayak
Advocate, Mumbai
31965 Answers
180 Consultations

4.1 on 5.0

Your mother being an absolute owner of the property she can very well sell even half portion of her property with proper demarcation.

There is no legal infirmity in selling just a half portion of her property alone.

She can identify the portion of the property she now desires to sell by properly demarcating the boundaries with the help of a surveyor and can go ahead with the execution of the registered sale deed in favor of the prospective buyer. 

T Kalaiselvan
Advocate, Vellore
84997 Answers
2205 Consultations

5.0 on 5.0

Dear sir,

Selling half of the land can be done but later half portion road approach is available to both sites that to keep in mind if road is available to both the parties then nothing to worry you can sell the land of half portion without any approval from authorities,  approval is required at the time of construction not at the time selling the land!!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

The plot is in her name and she can sell half the plot but it it was purchased as a complete property then how would the owner build his house as there would also have to be a road for coming and going ie access road. Therefore the property would be rendered useless.


You should sell it as a whole or ask her to transfer it to you and your brother.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

  1. No she cannot sell it.
  2. File a partition suit.

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Apply for subdivision of land . demarcate the boundaries of the sub divided land 

 

then mother can sell half the land by registered sale deed 

Ajay Sethi
Advocate, Mumbai
94796 Answers
7551 Consultations

5.0 on 5.0

1. She is free to sell half of her land. There are no fetters on her right to do so.

2. No approval is required from any authority.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If both or one of the brother is purchasing the land then its good. she can sell it and make normal sale deed registration. Mentioning the land details and surrounding of the layout. 

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

1. See can sale the half of the area of the plot without any permission same can be demarcated and boundaries can be shown in the sale deed.  Your mother can directly make a registered sale deed of half of portion of the land.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

She has all the right with her if the property is self made one otherwise she can't do it , then comes the property's legal heirs they all can do it.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

She can directly sell it

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

She can sell without any legalities involved. Have to describe clearly in sale deed and map, area of total land and which side portion and how much area have to sell.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22656 Answers
31 Consultations

4.4 on 5.0

no approval required she can sell without consent..

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Sir,

Your mother can sell half portion of the property without obtaining any permissions.

You'll have to make sure that there is proper description and demarcation of the portion sold. For demarcation and measurements, you can take help of a private surveyor. 

Also, please ensure that both the portions have an access to land. Otherwise it will become a problem later. The value of the land without access to road will go down drastically and the person in other portion will have to give a right of way to other person.

Making gift deeds won't help. You'll  have to  pay registration charges and end up complicating the process  

Best wishes.

 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

1. Half Plot of Land can be sold only AFTER a Govt. Survey Report & Plan clearly demarcating the half portion and giving it a sub-survey number or sub-plot no.  All this things have to be recorded in the Revenue Records, otherwise this will lead to futuristic legal disputes, as to which portion was sold, more so which cannot be proved without documents. 

2. IF entire land is transferred to Brothers (50% share each), THEN too you would have to do the above procedures and conduct a Partition Deed for above purposes.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear Sir,

You mother can sell that half of the land without any consent/permission from any authority. The portion of the property can be sold by having the correct drafting of the sale deed specifying and clarifying the things. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. Your mother can sell half of her plot without any approval from any authority.

2. No need to execute gift deed in favour of anyone as you need to pay stamp duty for gift deed also which will be total waste of money if your mother want to sell the land even after gift deed. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the property is in your mother name.
  2. I would like to apprise you that she doesn’t need any involvement of any authority as the said property belongs to your mother only.
  3. And yes, she can sell half of it by mentioning the exact area in the sale deed before the registrar’s office.
  4. Yes, she can also execute the gift deed as per law for the rest of the share.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

- If your mother has purchased the said property , then she is the legal owner of the said property , and hence being the self acquired property , she can sell any portion of that land to any one without any interruption . 

- Further, she can transfer any share of the said plot to her children after executing a Gift deed as well. 

- Further, if the said plot came into the possession of your mother after the death of your father, then without the consent of her children , she cannot sell any portion of the property . 

Mohammed Shahzad
Advocate, Delhi
13264 Answers
198 Consultations

5.0 on 5.0

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