• Getting share of apartment in a cooperative society

My mother had by will gave equal share of her flat to her two sons. After her death; y elder by virtue of being nominie got membership right. I got my mothers will probated and also filed a suit. The will was probated and the case was also in my favour. The judge gave the verdict that we were the joint owner of the flat. However the managing commitee made. Delay and i got the order by due process of law. The managing commitee made me joint member and issued duplicate share certificate in the name of two brothers. Now the problem is that since we are not in talking terms and it is difficult to adjust with them i want to sell my portion. Is it possible and if so how.
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

Firslty, yes it is very well possible to sell your portion.

Secondly, but, as no body wants to have someone outsider in the joint properties so you may first would have to give offer to him at appropriate price.

Thirdly, if he denies it ask for the higher amount then you are free to sell to anyone as then not even law can help the other party just for the reason that you gave offer fisrt to them.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1) send e-mail to your brother to purchase your share in flat

2) if he refuses you can sell your undivided share in flat

3) purchaser can file suit for division of flat by metes and bounds

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

1) If you want to sell you part you can ask to your brother to purchase from you if he is staying in the flat or otherwise you can ask your brother to sell flat jointly.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Yes you can sell your half undivided share in the flat

But there will be no buyers

Because you will not be able to give possession to buyer

You can offer your share to your brother itself

He can become full owner of flat and you can take your money and separate from him

Thats the only way out

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

1. You can sell your said undivided and undemarcated share of the said flat to a third party if and only if your brother refuses to buy your share of the said flat at the price offered by the third party.

2. It is called pre-emption and without offering to sell your share tom your brother as stated above, you can not sell the same to any third party.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

This is my response to you:

1. You can sell your portion of your property;

2. But if the purchaser won't buy it since the half portion belongs to your brother;

3. Also, it is better you and your brother sell off the property for a profit sharing at 50-50;

4. You can also approach the court and sell it by auction;

5. There should be amicable settlement of the property otherwise it would only fuel more disputes.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

File for the partition of the property i.e partition of the suit by meats and bounds since it is not possible to partition the said property equally pray before the court alternatively to sell and divide the proceeds.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

A joint owner can negotiate with the help of a property dealer the terms and conditions of the sale of either the whole flat by both of you or you could sell the flat to your brother. In case mutual negotiations do not fructify.... file a suit in the civil court.

Regards

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

1. There is no problem is selling undivided share of a co sharer in the property to another. So you can do so.

2. The problem is the buyer though gets a valid title can not take physical possession in the property till partition is done by metes and bounds.

3. If the flat is not big then partition by metes and bounds is not possible win which event the property can be sold joitnly and divide the sale proceeds equally.

4. So to do so you need to file the partition suit claiming relief as advised above.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

If there is a proper partition done between you both you may sell your share of property without taking his consent.

However if there is a buyer to purchase your undivided share in the proeprty you may go ahead with the sale of your share of property, you do not have you do not have to obtain his consent or permission.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

You can legally sell your portion to a third party, if your brother refuses to buy your share at the price is the third party is willing to pay.

You should send a legal notice your brother asking him to purchase your share of the property, if he refuses, you can sell the said property to anyone else.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

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