• Can one co-owner of a property sell his/her share to a third party

Hi,

A property sale deed has two co-owners with 50% share mentioned, Please let me know if one of the co-owners can sell his/her 50% share without any consent from other co-owner. If no, how should be consent executed ?


Thanks
Vijay
Asked 6 months ago in Property Law
Religion: Hindu

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39 Answers

You are at liberty to sell your 50 per ce t undivided share in property 

 

2) under section 44 of transfer of property act co owner can sell his skate without consent of other co owners 

Ajay Sethi
Advocate, Mumbai
79752 Answers
4812 Consultations

5.0 on 5.0

You can sell your undivided share in property 

Ajay Sethi
Advocate, Mumbai
79752 Answers
4812 Consultations

5.0 on 5.0

Yes but if it is dwelling house than third person cannot take possession without partition. And co owner has preemptive to purchase before property offered to outsider.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

Joint owner can sell his share. Other owner can only make demand to offer him first for sale.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

Hi 

A co-owner  of a property can transfer a commercial property to any outsider without consent of the other owner.

Even if it is an undivided share, Co-Owner has all rights to enter in to any sale, mortgage, lease with a stranger..

Section 7 and 44 of transfer of property act will come in to play and Supreme court has in many judgments stated that even the  interest of a co-owner or co-sharer can be sold, mortgaged, leased  to a stranger.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2069 Answers
383 Consultations

5.0 on 5.0

Lessor can sell his share in property 

Ajay Sethi
Advocate, Mumbai
79752 Answers
4812 Consultations

5.0 on 5.0

Joint owner can become witness to sale deed. His consent will assume by itself. 

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

Other c o owner can be confirming party to sale deed

Ajay Sethi
Advocate, Mumbai
79752 Answers
4812 Consultations

5.0 on 5.0

There is no regal bar on an undivided share holder to sell his undivided share to a third party stranger without the consent of other co sharer.

However in such case though the sale is legal and valid the buyer without getting physical demarcation of his undivided share can not take physical possession of the undivided share.

In such case the buyer can seek partition by filing a suit u/s 4 of the Partition Act. 

Devajyoti Barman
Advocate, Kolkata
21801 Answers
318 Consultations

5.0 on 5.0

1. If one of the co-owners want to sell the property through a registered Sale Deed to the prospective buyer, then prior to that, registered partition deed has to be executed between the joint owners demarcating the boundaries and based on partition deed, separate Khata has to be obtained for the partitioned properties from the City Corporation/Municipal Corporation.

2.  By executing partition deed, the undivided share will not exist and a clear portion with boundaries can be established for each co-owner.

Shashidhar S. Sastry
Advocate, Bangalore
3252 Answers
180 Consultations

5.0 on 5.0

Hi, the co-owner can sell off his share without required consent of the other owner ..

Hemant Chaudhary
Advocate, Gurgaon
4599 Answers
42 Consultations

4.9 on 5.0

A. Generally you can sell your half share as per the sec 44 of Transfer of Property Act, 1882, However as far as undivided share is concerned, you need to get release of right from co owner towards remaining share of co owner for complete sale transaction. Or you can pay the value of the remaining portion of property and involve him in the sale deed as 2nd seller. The logic is even if you sell your portion in the undivided property that how do you mark your portion in UD property for possession. or you need to partition the property as per the law. 

B. If co owner is ready to give consent that it must be recorded by way registered instruments i.e Consent Witness and add a separate clause in the sale deed towards his share and why sale deed has him as consenting witness. 

B.T. Ravi
Advocate, Bangalore
941 Answers
96 Consultations

5.0 on 5.0

He can sell his share but if possession is common then he may have issues in the same. 

Prashant Nayak
Advocate, Mumbai
22641 Answers
49 Consultations

4.4 on 5.0

One co-owner can transfer his share in any properties. Transferee shall have all right to enjoy the property including the right to claim of partition. But if the property is a dwelling house the Transferee where he is not a member of the family , shall not have any right to joint possession or other common or part enjoyment of the house. 

Kallol Majumdar
Advocate, Kolkata
2788 Answers
4 Consultations

5.0 on 5.0

Hello,

  1. As the property is undivided, the consent of the co-owner is required for selling or leasing the 50% by the co-owner as the 50% is not determined.
  2. If the co-owner does not have any objection, it must be documented as an affidavit from the consenting co-owner that he has no objection to the particular transaction. Alternately, if the lease is a registered transaction, he can sign as a consenting  party.

S J Mathew
Advocate, Mumbai
3084 Answers
113 Consultations

5.0 on 5.0

1. An undivided Property CANNOT be sold without conducting Partition Proceedings, since ultimately this will lead to legal disputes.

2. One Joint owner may sell to the other Joint Owner without partition proceedings.

3. One Joint owner may sell to a third person via a registered sale deed, wherein the other joint owner will be a signatory party stating as "Confirming & Consenting Party". Such Deed shall strategically mention that now other joint owner and new buyer shall henceforth be the joint owners, without any objections.

Hemant Agarwal
Advocate, Mumbai
5487 Answers
25 Consultations

5.0 on 5.0

1. One co-owner can sell his part of the share,however, the possession can be delivered only after partition.

2. Same is with commercial property, and the purchaser will become the landlord.

3. There is no need of consent of other co-owner for sale of share.

4. His consent can be obtained by getting an affidavit of no objection for sale,although the consent is not required.,and the same can be attached with the sale deed.

Rajinder Goyal
Advocate, Chandigarh
111 Answers
1 Consultation

5.0 on 5.0

The undivided share in a property can be sold out to a third party.

If the property is not in condition where the partition can be done then it will be difficult for the purchaser to take position of the property how is from the legal side there is no problem as such.

Vimlesh Prasad Mishra
Advocate, Lucknow
6793 Answers
23 Consultations

4.9 on 5.0

1. Is the said property a dwelling house?

 

2. If yes, then its one co-owner shall have to first offer to sell his 50% undivided and un-demarcated share of the property to the other co-owner.

 

3. If the other co-owner refuses to buy the said share, then it can be sold to a third party.

 

4. If the other co-owner signs as a witness in the sale deed registered by the 'selling  co-owner', then the consent will be established. 

Krishna Kishore Ganguly
Advocate, Kolkata
24912 Answers
707 Consultations

5.0 on 5.0

It is understandable that it is undivided and un-demarcated as otherwise there would not have been any problem in selling the said 50% share of the jointly held property to a third person.

Krishna Kishore Ganguly
Advocate, Kolkata
24912 Answers
707 Consultations

5.0 on 5.0

Practically undivided commercial property can not be leased out to any body since the property has not been divided and demarcated to enable the lease holder to take its possession.

Krishna Kishore Ganguly
Advocate, Kolkata
24912 Answers
707 Consultations

5.0 on 5.0

1. The other co-owner can append his signature on the sale deed to be registered which will evidence that he has consented for the said sale.

 

2. The buyer of the said undivided 50% share of the property shall have to get the partition deed registered along with the other share holder dividing and demarcating his share.

Krishna Kishore Ganguly
Advocate, Kolkata
24912 Answers
707 Consultations

5.0 on 5.0

No, consent of another co owner is not required to sell the share

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

For a property owned jointly by two people, if one of them wants to sell his/her share in the property, can do so without obtaining the consent or permission of NOC of the other joint owner, by selling the unidentified share in the property to the prospective buyer, provided the buyer is willing to buy the unidentified share and is ready to possess and enjoy the property along with the other owner jointly.

 

T Kalaiselvan
Advocate, Vellore
69780 Answers
953 Consultations

5.0 on 5.0

The quantum of share is not important.

The joint owner who is willing to sell his share in the property  can do  so by selling his unidentified share alone and not a specific part of the property.

T Kalaiselvan
Advocate, Vellore
69780 Answers
953 Consultations

5.0 on 5.0

The law is applicable for commercial property also besides the agricultural property or the residential property.

 

T Kalaiselvan
Advocate, Vellore
69780 Answers
953 Consultations

5.0 on 5.0

The law is applicable for commercial property also besides the agricultural property or the residential property.

 

T Kalaiselvan
Advocate, Vellore
69780 Answers
953 Consultations

5.0 on 5.0

The law is applicable for commercial property also besides the agricultural property or the residential property.

 


The law is applicable for commercial property also besides the agricultural property or the residential property.

 


If the co-owner is expressing his consent or do not object to the other owner selling the unidentified share in the property, then the person who is giving consent can endorse his consent or NOC by a separate document for the purpose of reference.

However without a proper partition either of the party cannot claim any particular part of property as his or her own share of property.

T Kalaiselvan
Advocate, Vellore
69780 Answers
953 Consultations

5.0 on 5.0

Section 44 of the Transfer of Property Act, 1882, deals with transfers by one co-owner. It also deals with the rights of a transferee in this type of a transaction.

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
14 Consultations

4.5 on 5.0

If you sell your undivided share the prospective buyer cannot take possession of any specific part of the land unless the same is partitioned. Nothing stops you from selling your share but the buyer will have to file a suit for partition to get the possession.

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
14 Consultations

4.5 on 5.0

1. The co-owner is at liberty to sell his undivided 50% share, he does not require the consent of other co-owner to sell his share.

2. However, if the property in question is a dwelling house then unless division of property takes place through metes and bounds the buyer cannot get the possession of undivided share sold to him.

 

Ashish Davessar
Advocate, Jaipur
30013 Answers
867 Consultations

5.0 on 5.0

1. Co-owner's consent is immaterial to the sale of undivided share by the other co-owner.

2. If, however, the other co-owner is supporting the sale then he can be a witness to the sale deed.

Ashish Davessar
Advocate, Jaipur
30013 Answers
867 Consultations

5.0 on 5.0

1. Co-owner's consent is immaterial to the sale of undivided share by the other co-owner.

2. If, however, the other co-owner is supporting the sale then he can be a witness to the sale deed.

Ashish Davessar
Advocate, Jaipur
30013 Answers
867 Consultations

5.0 on 5.0

1. Co-owner's consent is immaterial to the sale of undivided share by the other co-owner.

2. If, however, the other co-owner is supporting the sale then he can be a witness to the sale deed.

Ashish Davessar
Advocate, Jaipur
30013 Answers
867 Consultations

5.0 on 5.0

Yes one co-owner can sell his share to third party without consent from other co-owner.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

The shareholder cannot sell his share with demarcation. First of all demarcate the ahare and then sell the share.

Rahul Mishra
Advocate, Lucknow
11628 Answers
21 Consultations

5.0 on 5.0

I have understood.

Rahul Mishra
Advocate, Lucknow
11628 Answers
21 Consultations

5.0 on 5.0

In that case too it has to be followed. Ask the other shareholder.

Rahul Mishra
Advocate, Lucknow
11628 Answers
21 Consultations

5.0 on 5.0

Yea his consent is important otherwise he may challenge the sale afterwards.

Rahul Mishra
Advocate, Lucknow
11628 Answers
21 Consultations

5.0 on 5.0

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