Can my paternal uncle sell part of his undivided property to me
My father has two brothers and two sisters. My grand father expired and left behind about 5 acres of farm land (his self earned property). My grandmother has expired as well.
This farm land 7/12 etc papers and records are now transferred on the name of my father and his brothers plus sisters. This property division is not done yet. They all own it together.
1. Can one of my uncles sell a part of his undivided share (not full) to me ?
2. What consents and who all need to sign such a legal document
Asked in Property Law from Pune, Maharashtra
1) your father has 1/5th share in farm land . better enter into deed of partition for division of said land by metes and bounds
2) your uncle can execute sale deed in respect of his 1/5th share in your favour
3) the sale deed has to be signed by your uncle as seller and you have to sign it as purchaser of said land
4)it has to be duly stamped and registered
5) contact a local lawyer
1. Since the mutation has taken place any one of the owners is at liberty to sell his share to you only after the division. Unless division takes place there can be no sale except with the consent of all other co-owners.
2. In the event of sale before division all co-owners are required to sign the sale deed.
Since the self acquired property of your devolves on all his legal heirs after his intestate demise, your uncle can very well sell his undivided share in the jointly held property to you or to anyone of his choice, there is no bar on this. No documents required for this.