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ramesh (N/A)     07 January 2012

Sale of house with some common area

Hi,

 

I have this query related to my property situated in rajasthan.

My grand father had a house which was later divided between his two sons (my father and uncle). half portion was given to my father and another half to my uncle but some part of that property such as main entrance, stairs and another main door were considered as common area so both co- owners will share that common area in future. now my uncle wants to sell his part of the property does he need any consent of my father before selling his property and what about common area.

 

Thanks



Learning

 2 Replies

Sanjeev (Lawyer)     07 January 2012

He dont need any consent he can sell his area. The buyer would step in shoes of your uncle after he buys the property common areas would be used as is being used now.

ramesh (N/A)     08 January 2012

but second paragraph of Section 44 of transfer of property Act 1882 states that -

a currently dwelling house is an exception to this rule, where consent has to be sought from both co-owners who jointly own the house.

 The exception is that where the share transferred is a share of a dwelling house belonging to an undivided family and the transferee is not a member of such family, the transferee shall not be entitled to joint possession.

 

is it true? what's your view?


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