• Can we sell the share in the joint property

Sir,
     Now the mutation of the house is done in my mother's name and aunt's (mother's sister) name. So, can my mother sell her share in the house, if they are not agreeing to sell the house completely.
Asked 1 year ago in Property Law from Nagpur, Maharashtra
Religion: Hindu

yes sir u can sell. give first offer to other share holders

Rajesh Kumar Parmar
Advocate, Shimla
34 Answers
1 Consultation

4.0 on 5.0

Hello,

As your aunt is a co-sharer of the property , you have to offer the same to her first before you sell of to outsiders . If it is a joint property file a partition suit , and after the partition you can sell of the property .

Hope this helps.

Regards.

Swarupananda Neogi
Advocate, Kolkata
1063 Answers
2 Consultations

4.8 on 5.0

mutation does not confer title to property

2) it is only for payment of property taxes

3)if mother is co owner she can sell her share in property without consent of other co owners

Ajay Sethi
Advocate, Mumbai
67939 Answers
4102 Consultations

5.0 on 5.0

Yes mother can sell the undivided share in the property.

But it will be better if you make an partition deed with aunt by dividing house by meats and bounds.

Alternatively if she doesnot agree file a suit for partition of house to get actual demarcation of property.

If the purchaser is ready without partition than you can sell undivided share purchaser shall do partition formality.

Shubham Jhajharia
Advocate, Ahmedabad
20098 Answers
79 Consultations

5.0 on 5.0

Dear,

Yes you can. First offer your aunt.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Only after a legal partition you can sell the share in any property. If not you need to proceed with the same.

Prashant Nayak
Advocate, Mumbai
13645 Answers
23 Consultations

4.6 on 5.0

Hello,

share can not be sold without partition of the land.

File a partition suit first.

Regards

Anilesh Tewari
Advocate, New Delhi
17171 Answers
265 Consultations

5.0 on 5.0

1. it is not clear what the share of your mother in the property.

2. Considering that she has half share in it along with her sister then she can sell her undivided share in the house at any point of time. there is absolutely no legal bar on selling undivided share in the property by a co sharer.

3. However the purchaser can not after purchase take physical possession of the property till it is physically partitioned and if your aunt refuses to amicably execute a deed of partition, the purchaser can file a suit for partition to get it divided by metes and bounds.

Devajyoti Barman
Advocate, Kolkata
17936 Answers
253 Consultations

5.0 on 5.0

If there is a purchaser for the undivided share, the undivided share of the property can be sold; usually, such purchasers bring down the value of the land. What such purchaser do is, go for a negotiation for the rest of the property, and if not possible, file a suit for partition.

So if you have a genuine purchaser for he undivided share you can sell the undivided share.

PKX Kuncheria
Advocate, Cochin
27 Answers
1 Consultation

4.0 on 5.0

Dear Client,

According to the Transfer of Property Act every joint or co-owner has a proprietary right of the entire property. Hence, any sale has to be done with the consent of all co-owners involved.

First file partition suit and after it`s disposal, mother can sell.

Yogendra Singh Rajawat
Advocate, Jaipur
13877 Answers
18 Consultations

4.6 on 5.0

Hello,

According to Hindu succession act and Indian succession act, only the karta(head of the family) of the family can sale the ancestral property, no one else has the right to sale the property, if the karta of the family has expired, the property must be divided into the family( next generation) and that if they all agree to sale the property as a whole or whichever ratio, they can do so only with the mutual consent of everyone, and only mother has no right to sale the property.

Lakshay Rathore
Advocate, Ahmedabad
6 Answers

4.0 on 5.0

Yes she may sell her share and if the partition is not done that may be done through a settlement deed and same should be allowed by a civil court.

Vimlesh Prasad Mishra
Advocate, Lucknow
5577 Answers
19 Consultations

4.9 on 5.0

Yes. However in that case you have to sell undemarcated and undivided share of your mother. Further, first you need to give notice, in writing, to your aunt, inviting her to purchase the same.

Sourav Kumar Mukherjee
Advocate, Kolkata
12 Answers

4.0 on 5.0

if it is a joint mutation or mutation on individual's name, if there is a proper partition deed and the same is registered with demarcations duly marked, then your mother can very well sell her share of property independently.

T Kalaiselvan
Advocate, Vellore
57630 Answers
724 Consultations

5.0 on 5.0

Stamp duty is state subject and varies from state to state

On sale deed it would be around 5 per cent of value of your share as per ready reckoner rates

Ajay Sethi
Advocate, Mumbai
67939 Answers
4102 Consultations

5.0 on 5.0

6% in case of male, 5% if sale to female.

Yogendra Singh Rajawat
Advocate, Jaipur
13877 Answers
18 Consultations

4.6 on 5.0

If she is selling the property outside the family then the stamp duty shall be computed as per the value of her share in the property.

You can find the rates and the amount from the ready reckon-er published by the state government and available with the stamp vendor or the registrar's office.

T Kalaiselvan
Advocate, Vellore
57630 Answers
724 Consultations

5.0 on 5.0

the stamp duty and are different in each state, contact revenue office for same.

Though in my knowledge the stamp duty is around 5% on market value or agreement value whichever is high in municipal area

Shubham Jhajharia
Advocate, Ahmedabad
20098 Answers
79 Consultations

5.0 on 5.0

The percentage of stamp duty is the same as you sell out of the total. For each State, the stamp duty is different.

PKX Kuncheria
Advocate, Cochin
27 Answers
1 Consultation

4.0 on 5.0

1. Since the Property is held in Joint Names, it becomes a Joint-Property and CANNOT be sold by single-owner, TILL a proper partition procedure is conducted by following due procedure of law.

2. HOWEVER one Joint-Owner can Sell /Gift /Release the property to the other Joint-Owner/s, without conducting partition procedures.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
2546 Answers
16 Consultations

5.0 on 5.0

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