• Land Registration and sale

We have a property in the name of three owners, however no demarcation exists. Can individual share of land property( one third of total property) be registered without demarcation? Is it necessary to register individual share of land, although not demarcated yet, for selling? For eg, A, B and C are co-owners of a peace of land property. Individual demarcation of land is yet to be carried out. Can 'A' register his/her share of land which is not demarcated yet, and sell off the same to third party, when court has recently ordered that each owner is entitled to one third of the share of total land.
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

1.  It would be illegal to sell an "un-partitioned" portion of the land, more so specifically since you would not be legally & documentarily be aware of the exact location of the portion of land that you intend to sell.

2.  HOWEVER, the above is not applicable "IF" you sell the un-partitioned land to another joint /co-owner.

 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Yes you can register the same without demarcation and sell too. But only issue will come if one of the co-owner objects for the same. 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Yes undivided proeprty can be registered and transferred. 

No it is not necessary to demarcate. 

Yes A can sale his one third undivided share in the proeprty. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

One third undivided share of land can be sold by one of the co owners 

 

2) division of land by metes and bounds can be done by co owners 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

Hi.

However, the registration of the land can be done for 1/3 of the land but in order to avoid the dispute of any kind in future; it is suggested that the all the three members enter into a settlement deed for demarcation of the land as per their share. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Without partition, co owner can sell his/her share, demarcation is needed for the reason of certainty of portion in the land, otherwise further issue will arise, which portion belongs to whom.

For sale of share in property, no demarcation required.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

Hello,

There has to be a demarcation which is being carried out in the instance of the joripdar and the same will be recorded in BL & LRO .

REGARDS

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Dear Sir,

The following information may kindly be read:

The demarcation of a land is intended to guarantee the Owner's right for the land. It should establish the real extension of the area under Owner's possession, assuring the protection of the demarcated limits and keeping invaders away.

The procedure for the agricultural demarcation is real simple nowadays but it's time consuming. Please follow the following steps for the same :

  1. Go to the Tehsildar Office in your area.
  2. Approach any Typewriter or Photostate shop early and ask them to make an application for demarcation for you by providing necessary details like Owner's name, Address, Land address/map and FORM F (Go along with your property documents. Affix the same Court fee stamp of denomination 75 paise.
  3. Provide contacts and addresses of the neighboring properties (North, South, West, East facing properties) and 2 witnesses.
  4. Submit your application along with all the required documents

Once, the application is submitted, notice is sent to the neighbouring properties & local RI (Revenue Inspector) Office in order to verify the neighbouring plots and the land that you are applying for demarcation. Once it is verified, the local RI contacts you on your mobile number or on your postal address to confirm about your application. Once it is confirmed, a Patwari/Amin is assigned from the local RI office to demarcate your land on a specific date when both the Patwari/Amin & the Applicant are free.

On the particular day the Patwari/Amin will come along with the map of the locality and with the tools and measures he will demarcate the land.

It is recommend to keep limestone powder to draw the line along with the boundary and get a temporary boundary constructed.

The govt fixed fee for demarcation is as follows

  • For residential/house site Rs.10/-.
  • Agricultural land up to 2 hectare Rs.25/-.
  • Agricultural land between 2 hectares to 4 hectares Rs.50/-

However, the Patwari/Amin will ask extra money and it ranges from Rs. 1000–3000. It's always better to show your negotiation skills at such time.

Also, the processing time varies from regions to regions and depends on variables like verification of land from the neighbouring plot owners and availablity of the Patwari/Amin. Generally, it takes 1 month from the time of submitting the application and following up the Tehsildar Office constantly may boost the speed of document processing.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

See all will get share of equal value either mutually or through court so D cannot demand area of his choice.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

NO , only sale deed will execute for sale of 1/3rd share in land, than it will be head ace of D how to settle partition of portion with b&c.

If no mutual partition than suit will file in court for partition on metes and bound basis. When there is case in court for partition and court already held by preliminary decree, you have 1/3rd share than why don`t in same case decides the portion by order of court. End of litigations.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

there is no demarcation done done so it cannot be mentioned that property is demarcated 

 

2) any settlement as to location will have to be decided with consent of purchaser only 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

If it goes with mutual settlement then there is no issue in the same

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

there is no legal prohibition on selling undivided share of the co sharer in the joint property , the buyer without physical partition of the property can not take possession of the same. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The land has to be divided and clearly demarcated and then one is entitled to alienate their interest over the property.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The property lying on three names shall be known as jointly owned property.

Therefore without proper partition and identifying each individual's share in it, no registration can be done.

If at all one of the joint owners want to sell his share ion the property then he may have to draw a partition deed on an amicably agreed conditions, get it registered and then would be eligible to sell his share of the property to the prospective buyer.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

The prospective buyer, i.e., D can buy the share of the joint seller which is undivided and unidentified but he do not have a choice to choose a particular part of the jointly owned proeprty, the property has to be properly partitioned with metes and bounds and good and bad soil equally into three parts and he can avail one such part as his share, if done amicably or he may have to approach court of law for partition and separate possession of his rightful share in it.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

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