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AKASH MEHTA   23 February 2023

Can i sale undivided share

Respected sir/ mam I have a land in which there are 6 share holders .I sold parts of land to various 5 such purchasers . We have clearly mentioned boundaries of individual share we sold along with its drawing clearly mentioning which share belong to whom .every share has their possession as per sale deed respectively . 

5 of us willing to share the land except the 6th  share holder. My query is that , that can I sale my share of land in such condition. Is there any way we all can use majority card on legal grounds and sale thes said property ? Kindly enlighten me on this .

regards 



Learning

 3 Replies

Dr J C Vashista (Advocate)     23 February 2023

Whether the property was properly partitioned and demarcated ?

It is only 1/6 share is stated to be left over for sale, which pertain to 6th shareholder, same cannot be sold without his/her consent, permission and approval.

Real Soul.... (LEGAL)     23 February 2023

you have to make partition of the property, until the property is not partitioned and each co-owner's share is specified you can not sell from joint property. 

Advocate Bhartesh goyal (advocate)     23 February 2023

Yes joint property can't be sold until partion took place moreover possession of joint property  can't be given to purchaser.


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