You can sell your undivided share in land
buyer can file suit for partition for division of land by metes and bounds
Jointly owned property
Hello, We three friends have a jointly owned undivided agricultural land in Tamilnadu. Two of us want to sell it and the third person is not agreeing. There is a potential buyer. Is it possible that the two of us can sell our rights 1/3rd each ? How can we go about it ? Regards
Asked 4 years ago in Property Law
Religion: Other
15 Answers
Without dividing the proeprty into three shares in proportion, you cannot identify your share in the property, hence it may not be possible to sell your unidentified share in the property.
If the prospective buyer is agreeing to buy the unidentified share in the property and informs that he will manage to get his share from the other shareholder by a partition deed/suit at a later stage then you can proceed, if not you may have to partition the property by a amicably agreed partition deed or to approach court with a suit for partition and get your share in the property allotted to you through court, after which you can independently sell the property to the prospective buyer.
Property is jointly owned by three owners. There shares are not determined. First, their shares are to ascertained by proper division and marking of property. You have to get property divided by registering a partition deed among owners only after that any one or two of joint owners sale their property. if one owner is not ready, division has to be done by filing a civil suit by owner/s intending division.
The potential buyer agrees to deal with the partition issue later via court or by mutual agreement with the 3rd Stakeholder. Now in order to execute this sale, is any form of consent, signatures or cooperation required from the 3rd Stakeholder. Does he officially need to be informed or provided a notice ?
Asked 4 years ago
1. First partition of the property amongst the three friends by metes and bounds has to happen demarcating seperate boundaries and the Partition Deed has to be registered in the jurisdictional Sub-Registrar's Office.
2. After done with (1) above, the partition has to be reflected by mutating the property in individual names in the Patta Book.
3. After following the above procedure, two of you can sell the property to a potential buyer.
Since it's a jointly owned property, all the three owners have to give consent, even though only two friends are selling it. Best is to first effect partition amongst three friends by metes and bounds and then only two of the friends may sell it to potential buyer.
Yes it's better you inform him through Notice
Problem will be faced from Sub-Registrar as under Section 32A of amended Registrar Act, Sub-Registrar is supposes to obtain photographs and thumb impression of all the owner of property. It is necessary that third owner should be also present for registration of sale deed. Once he signs, he will also be selling his share. Without his presence there will not be any registration. You can ascertain from the office of registrar.
You can offer to sell your share in land to him
give him time to make payment
if he refuses then sell your undivided share in land
Yes, it is always that he may be served with a legal notice notifying him about the proposed sale of undivided share in the property in favor of the prospective and to confirm that he has been properly informed about it whereas it was he who ignored or neglected to respond positively.
This would help you to nullify his injunction suit, if any, filed by him to restrain you from proceeding with your intended sale of your share in the property.
- Since you three are the joint owner of the said land, then each having their respective 1/3rd share in the property.
- Further, being the joint owner every person having his right to sell his share without getting the consent from other.
- However , if the portion of the land is not mentioned in the title deed , then you three can execute a partition deed after demarcating their portions.
The problem is that the 3rd stakeholder is disagreeing to sell or to execute a partition deed. I am getting varying opinions here. Adv. Sethi and Adv. Kalaiselvan are suggesting that the two of us agreeing to sell, can go ahead after providing the 3rd stakeholder a proper notice and an opportunity of first buy. While Adv. Shinde is citing Section 32A of amended Registrar Act to state that we cant proceed with selling our share. Adv. Shahzad and Adv. Shatri seem to be aligned to this view. I am confused but I understand. If laws were not subject to interpretation, why would we have court cases running to decades. :)
Asked 4 years ago
- Legally , you two are free to sell the respective share without getting consent of third owner .
- However, before selling you can send a legal notice to him after narrating that being the joint owner you two are going to sell their respective share in the land , and if he is interested to purchase then will be given opportunity .
- Further, if no response , then you two can proceed for sell .
We cannot see replies posted by other lawyers and hence cannot comment on the same
issue notice to stake holder wait for his response then sell your share in property
This is a public forum where various expert lawyers render their opinion by their own interpretation of law, hence it would be better that you choose whichever opinion is in your favor and proceed on that angle, the court will decide about the further course of action.
You can proceed after sending notice
Dear Client,
According to the Rajasthan High Court, in the matter of Shri J.P. Goyal vs Jagdish Chandra And Others [CIVIL SECOND APPEAL NO. 316/2000], "...an undivided share of co-sharer may be a subject-matter of sale, but possession cannot be handed over to the vendee unless the property is partitioned by metes and bounds amicably and through mutual settlement or by a decree of the court."
Therefore, you may consider such judgment as a precedent in order to follow the steps to your suit.
Thank you.
