We have a plot of land measuring 1001 sq.yds. My name is on the share certificate along with my cousin. My cousin is not prepared to sell it and comes up with all kinds of excuses. There is no partition/demarcation, however I am the holder of 1/3 rd share (334 sq.yds.). I have made him an offer to buy my share to which he refuses saying he has no funds. It is not a HUF property. In the above case my questions are: 1. Can I sell my undivided share in the property to a third party? Will I need my cousin's consent/signature for the sale? 2. Can I demand that my 1/3 rd share be demarcated?
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Under section 44 of transfer of property act co owner can sell his share without consent of other co owners
2) you are at liberty to sell your one third share in land
3) issue legal notice to cousins fir partition of land
4) if they refuse file suit for partition for division of property by metes and bounds
You can sell your undivided share to any one on any time. No consent is need for executing sale deed. Normally undivided share has not be demarcated . If you want to demarcate your land then you have to approach the civil court by way of filing partition suit for separating your share in land
1. Since it is undivided land your 1/3rd but not specified and delineated. If you sell your undivided share the prospective buyer cannot take possession of any specific part of the land unless the same is partitioned. Nothing stops you from selling your share but the buyer will have to file a suit for partition to get the possession.
2. Alternatively, you may first file a suit for partition of land and then sell your share after the partition is done through metes and bounds.
1. there is no legalrestraint in selling sahre of a joint proeprty.
2.Yes you can demand demarcation of your share and if he does not then you can file partition suit to get physical possession on demarcation of the property.
Before that you have no legal bar to sell your share.
1. You can sell your undivided share in the property to a third person if the said buyer is willing to buy it and get it partitioned at a later date. Your cousin's consent is not required to sell your share of property.
2. You can very well file a partition suit if he is not willing for an amicable partition and allot you the legitimate share as per your entitlement.
