• Sale Deed executed by a co-owner

A and B purchased a land of area 50 cents jointly during the year 1990. The land was in their possession for the past 28 years. In April 2018, A was in need of urgent money. He planned to sell his share in the land. But unfortunately, at that time B was in abroad. He got B's oral consent and prepared a sketch showing bifurcation of the land into two. He sold one portion to a third party for a consideration. In the sale deed A has promised to get a consent letter from B with regard to the sketch as well as the sale and get the consent letter registered. Now the third party wants to sell the property to me. But the consent letter is not yet registered. But the vendor promised to register the consent letter before the sale. Please advise whether this is legally valid. Whether the vendor will get absolute right to sell the property after the registration of the consent letter. If so what should be the contents of the consent letter?
Asked 4 years ago in Property Law
Religion: Christian

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33 Answers

Hi, it is recommended to obtain the consent letter , to avoid any legal hassales in future

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

See after the sale the buyer will have absolute ownership over the share. The only thing is demarcation for same so either the buyer and B after sale creates the partition deed or to be better safe a partition deed is made between present seller and B demarcating land as per sketch.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

There is no problem selling the undivided property only issue with this sale is demarcation of the land in favour of the buyer in case there is availability of concerned that the person b is holding then this sale has all the element of a good sale

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

See for share of A that is 50 percent undivided he is sole owner and can sell the property as far as dividing the portion is considered for that consent is required.

Furthermore when consent is condition of sale deed then yes registration of same is mandatory.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) Not in their sale deed but currently in your sale deed you can mentioned his NOC and consent letter as you will be his neighbor after this transaction.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

I would like to inform you that as per the Transfer of Property Act no one can sell your share to anyone without your prior permission, co owner consent letter must be registered.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Sale deed should be executed by B for sale of his portion of land

2) sale deed should be duly stamped and registered

3) mere consent letter is not sufficient

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Mere consent letter is not sufficient

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. The sale has been made in a very clumsy manner. Since the property is undivided and also in view of the fact that A has failed to register the consent letter from B you should not purchase the property as the title will be defective.

2. The consent letter has to be a NOC. Even if A succeeds in getting the NOC registered it will be registered post the execution of sale deed by A in favour of third party. B may subsequently go to court against the third party and subsequent purchasers and say that he had never authorised the sale. Better avoid.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. To sell part of "joint land", the Land has to be FIRST partitioned and demarcated in the Revenue Records, for it to be possible for Sale/Purchase Purposes. Mere consent letter etc.... is highly insufficient.

2. Now A & B must execute a "Declaration Deed", and follow the documentary procedure, for selling part portion of land.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

No problem with this.

A was free to sell his undivided and unidentified 1/2 share in this property.

If the consent letter is signed and registered, it is even the more better.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. Such consent letters can not be registered before the Registrar.

2. The sale deed registered in favour of the third party by A is not valid since the area specified him to be sold has not been legally divided bewtween A & B.

3. The sale deed to be registered by the third party will be considered as valid if both A & B signes the sale deed as consenting parties.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. The sale deed registered by A specifying the area sold is not valid on grounds specified in my earlier post.

2. If A & B signs the sale deed to be registerd by the third party as conbsenting parties, then the sale deed registered by An in favour of the third party will become legally valid now.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Do not purchase the property.

The co-owner can not sell the property without a proper partition.

Suppose you purchase a property now, the B might raise some objection on the said sale proceedings.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

No consent letter but the partition is required to be register in order to enable A to sell his share of land.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

As A and B are joint-owners of the property, they can sell the entire property (of 50 cents) only jointly. Alternatively, each can dispose of his undivided share separately, but the new buyer becomes a co-owner along with A or B, as the case may be. If no division of the property has taken place between A and B clearly earmarking the boundaries of the share of each by means of an instrument duly registered, neither A nor B can sell a specific share of his property to a third party.

Swaminathan Neelakantan
Advocate, Coimbatore
1920 Answers
20 Consultations

4.9 on 5.0

Sale deed will be still valid for undivided share.

Yes there will be undivided share.

The current owners can execute the partition deed then it can be sold.

No A is not required.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sale deed can be challenged by the other party at any point of time as the deed is void per se.

Partition deed will be executed between A and B and then only can they sell the property.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Sale by A of his share in property would be valid

2) partition deed can be executed between B and the purchaser

3) it should be duly stamped and registered

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

The sale deed executed by A conveying a specific portion of the property in the absence of any partition between him and B will have to be legally construed as sale of undivided share of A, if it was a sale for a valid consideration. As I stated earlier, A and B are each entitled to their respective undivided share of the whole property. Yes, the third party and B can very well divide the property by metes and bounds now, and register the instrument of such division. A need not be involved as he is legally deemed to have sold his undivided share to a third party by means of the earlier sale deed though it was for a specific portion.

Swaminathan Neelakantan
Advocate, Coimbatore
1920 Answers
20 Consultations

4.9 on 5.0

By virtue of registered sale deed on his name, the vendor is having title to the proeprty in respect of the share of the property o A which he purchased.

However without proper partition between A and B it cannot be established that this was share of property has been identified to belong to A alone and there wont be any dispute in the later stage between A and B, hence you better get it clarified by a registered deed before venturing into the proposed purchase of the said property.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Whether the consent letter needs to be registered?

Actually there should hav been a partition deed drawn between them however even this registered consent or ratification deed shall be a better option.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

As A has sold a specific portion of the land in the absence of a partition deed what will be the fate of the sale deed?

They can agree to the oral parition also, which is valid in the eyes of law.

Whether A will acquire atleast entitlement for undivided share in the property?

Yes, A is entitled to his share in the undivided proeprty if he is a joint purchaser.

Whether at this juncture a partition deed can be executed between the third party and B and whether this will give legal sanctity to the sale deed?

Yes the buyer and B can draw a partition deed between them and get it registered, that is also a vlaid option.

Whether A is to be involved in the partition deed?

Not necessary however since the A has sold his share of property with check boundaries dividing the property into two shares, it would be better that the partition may be between A and B alone.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Sir since third party still do not have any role it would be better the old party and current seller make a deed.for partition or confirmation.

After that property sold to third party he will have sole right over. It.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If the property was already divided and the sketch was drawn, also B has no objection to this arrangement, then there is no problem in B executing a registered ratification deed to ratify the oral division of the property by A prior to selling the his share of property to the third party buyer.

You should remember that A has sold only his share of the property out of the entire property hence as far as sale of property is concerned, it is absolutely valid and the third party gets title to the property he purchased by a registered sale deed.

However if B executes a registered ratification deed ratifying the sale deed done without proper partition, then it becomes a valid sale since his property (B's) is still remains with B.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Sale deed should be executed by B for sale of his portion of land

2) sale deed should be duly stamped and registered

3) mere consent letter is not sufficient

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

Your agreement was only signed by A

2) B has never sold you his 50 per cent share of land

3) let B execute sale deed for his portion of land . It should be duly stamped and registered

4) no need for ratification deed

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. Sale Deed between "A" & "C-third party" does not get invalidated, UNLESS & UNTIL, "B" raises an issue in court. "C" steps into shoes of "A" as far as joint-ownership is concerned, SUBJECT to no objection by "B". NOW "B" & "C" are the joint-owners.

2. Let "C" be given a registered POA by "A". and from thereon let "C" & "B" initiate the partition proceedings. This will circumvent few legal issues.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

its better you go for "Ratification Deed" it will be better for you and them as well.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

As I had stated earlier, the sale deed executed by A conveying a specific portion of the property in the absence of any partition between him and B will have to be legally construed as sale of undivided share of A, if it was a sale for a valid consideration. However, in order to avoid any complication later, it is better if A and the third party execute and register a Rectification Deed stating all the relevant facts. B need not be a party to it. Once the Rectification Deed is duly registered, B and the third party have to execute a Partition Deed clearly earmarking their respective shares by metes and bounds and register it duly.

Swaminathan Neelakantan
Advocate, Coimbatore
1920 Answers
20 Consultations

4.9 on 5.0

Whether the Third party, A and B together can execute a "Ratification Deed" instead of Partition Deed in the above case?

NO

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. The buyer will be entitled to 50% undivided and undemarcated portion of the entitre land.

2. The buyer can now file a partition suit against B claiming his sghare of the property.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

The Buyer and B can execute a partition deed now

Since the property has already been sold by A to the Buyer, he can not sign any rectification deed legally and the Buyer has no locus standi in signing the rectification deed for rectifying the deed registered by a & B earlier.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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