No you require no permission from neighbours to sale the property you are absolute owner of property and has absolute right to sale the property.
Property wall
Hi Sirs, We have a old house with 19*146 . Both sides walls belongs to us and both neighbors using the same wall. Now my question is if we decided to sell the property ,is there any legal complications regarding walls?. Do we need to take both neighbors consent before sell? Please advice on this. Regards Pavan
Asked 7 years ago in Property Law
Religion: Hindu
11 Answers
The walls have been constructed by you on your land and therefore there should be no problem. They can construct their walls if they want to otherwise they cannot do anything as the boundaries have already been demarcated and hence there is no dispute.
Regards
- As per the information mentioned in the present query, make sit clear that according to you, both walls belong to you, and now you have decided to sell the property.
- Let me tell you that though you have been looming forward to sell the property in very soon future, but the question may be put by your neighbour as to walls being to them according to them.
- Then their will be difficulty for the person buying the same.
- So, yes you should ask for the NOC from them, so as to acsettain their mood.
- If they say yes then good for you, but if day no then you may have to go for the litigation also to prove your right over the walls.
There's no necessity to inform or take the consent of your neighbors to sell your property.
You may go ahead with selling your own property as per your own will and wish.
you don’t need neighbour consent to sell the property
2) you won’t any legal complications because of the wall
1. No there would be no dispute regarding the walls.
2 I any event the disputes arises regarding ownership of walls your buyer can always construct a new wall within the precincts.
3. For walls filing a civil suit for declaration and injunction is not advisable unless the buyer loves litigation.
4. No consent of any manner of your neighbour is required while selling your house.
Dear Sir,
It is called common wall and rights of both the neighbors shall continue even after the sale by you. The purchaser must be aware of these rights. No complications will arise. In Bengaluru and in many other places such common enjoyment is being recognized by the courts and you must disclose the same in the sale deed.
1) If wall has been built on your land there is no issue you can sell property as layout and no need to take neighbors consent.
Dear Client,
No consent/NOC required.
No need of consent from neighbour as wall lies in your property boundary.
If it's common wall then there is no need of consent.
