• Selling portion of a property

We have an ancestral property in West Bengal. The total land was purchased against 3 deeds from 3 people. The original owners have all passed away. No mutation has been done so far in the name of their children. A buyer wants to buy my portion (scattered over the 3 pieces of land) & pay me separately. He said he will approach other shareholders this way separately & consolidate the property later. Can I sell my portion separately with the buyer without future legal hassles?
Asked 4 years ago in Property Law
Religion: Hindu

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20 Answers

You can sell the ancestral property for family requirement under mitakshara laws but kindly keep in mind that there is partition of property before selling it and the title.is clear in your name and mutation is done in your name.

Secondly if you have any child who is major his consent has tk be there or you have to obtain a consent fro .District.court in case if he is minor.

Now the ancestral property is a property which is in your family from 4 generation and the interest is joint undivided otherwise it is inherited property not ancestral which can be sold as self acquired property.

For partition you have to file a suit of partion and when your share is ascertained than you can sell it.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) Yes you can sale you portion , need not to worry If buyer is taking responsibility for future transaction need not to worry about it. You know that property is yours and you are selling to right person and you are getting remuneration against it, only your co owners by object for selling share , which side land share you are selling to buyer that will be their concern. So you can legally sale this property without fairing about future legal matter.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

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

2) you can offer first right of refusal to existing share holders

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

You can sell the undivided share in the property but if the other share holder wants to retain their share then to divide the property with meats and bounds is difficult and you may have to drag to court.

So it is advice to share the property before sale and sell your share with all the boundaries.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

Dear Sir,

If buyer is ready to purchase your portion of property without proper family settlement/partition then you can sell the property and let him face litigation if any arise in future. The buyer may purchase respective shares of other two co-sharers and may consolidate entire property as proposed by him, for which you need not bother.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Yes, you may sell

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Hello,

You can not sell the property without division. However, you may relinquish your share upon the said person for the consideration.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1)you can sell the property without consent of other legal heirs

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

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Yes. He can drag you i.e., why I am saying to make a relinquishment deed.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The basic rule of partition is that all get equal quality and quantity of land in partition so in case you shall your share now without mentioning the dimension of land and land details as there is no partion there can be a litigation around the issue . As no share in partion is allotted still so better you can file for partition than sell.or you can prepare a relinquish deed in favour of buyer if he agrees to buy without allotted share.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) No they can't drag you in court you are selling your share. Provide buyer your partition and show demarcation manual or individual family oral partition can do.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hi , you can sell your portion , it is legal ... However it is advisable to get a settlement with other buyers to partition each share amicably in order to demarcate your portion

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. An undivided property cannot be sold, without duly Partitioning the same, by following due procedure of law.

2. HOWEVER, the undivided property can be sold to other joint stake holders, without partitioning.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

He said he will approach other shareholders this way separately & consolidate the property later. Can I sell my portion separately with the buyer without future legal hassles?

If your share of property or your portion of property has been demarcated and you have clear and marketable title to your share of property, you may very well sell it to the buyer who is ready and willing to buy.

The future legal hassle will become a problem to the buyer and not to you alone.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

The property is not partitioned. My portion is in 3 small pieces in the 3 pieces of land /deed. We have calculated the size of our share from the deeds. Can the other share holders drag me to court at a later date if I sell this property now as described?

If the property has not been partitioned then how is your share of property identified?, is it by oral agreement that you have taken possession and are enjoying it?

Well, if the buyer is ready to undertake the problem, then you can very well sell your share of property provided you are ready to face legal action from the municipality

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

There all possible chances that you may be drag to the courts of Law since there is no partition between you 3 people.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

1. Understand that those three pieces of land are adjacent pieces of land.

2. Were those three pieces of land purchased together by those three people or each piece of land was purchased individually thus clearly indicating the piece of land held by each of them to be inherited by their legal heirs seperately.

3. If the said three piece of land were purchased in joint names then you being one of the legal heirs of one of the three joint title holders of the said three pieces of land can sell of your un-partitioned, undivided and undemarcated share of the said inherited pieces of land to the buyer.

4. The said buyer, probably a promoter in wets Bengal, will manage to get the rest of the shares of the land from the other legal heirs sold to him in due course for which you have nothing to do.

5. You can sell your legally held share of the said property to the buyer for which you are not expected to have any legal hassle in future.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. You can legally sell your undivided and undemarcated share of the jointly held property to any body but before that you shall have to offer to sell your share to the other share holders at the price which has been offered to you.

2. If they refuse or fail to buy your share at the stated price, you can sell the same to the prospective buyer. This is called pre-empting.

3. After having completed the above steps, the other share holders will have no legal reason to sue you for selling your share of the jointly held property to your buyer.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Dear Sir,

Once you sold your responsibility is over and you will be a formal party before the Court and at the most you can support your purchaser saying you have sold your legal share to the purchaser. I feel no problem would arise in future also.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi,

Future can't be predicted as what would happen. You are suggested to take your own course of action.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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