Sell my share in undivided joint property without consent of co owner

Hello,

You can approach court and file partition suit against your brother. After court order you can sell your share to third person. 

Purchaser  can file suit for partition if you sell ,.

@pawar sir, actually i wanting to know if legally i can sell my undivided share without doing partition suit. i am wanting avoid time loss in partition suit and exit the property.

ps - this property came to me and my brother after death of our father who died interstate without a will , so will it be called ancestral or self acquired in both us brothers hand?

(this property was earlier our in fathers name)  mother also no more. just wanted to inform incase it matters.

Yes you can sell it without partition but buyer has to file suit for partition .

Yes, you can legally  sell your undivided share of property but can not handover to buyer any maked or specific portion of property later on.buyer can file suit for partition of property against your brother.

Dear Aman

1. You may sell undivided share of property to third party without consent of your co-sharer i.e. brother.

2. You may get decree of partition after filing partition suit in civil court and only thereafter sale the specific portion of the property. In this manner your will get more selling price in comparison to selling without partition.

3. This property is ancestral in you both brother hands and your son/daughter can claim their share from you in selling price of that property.

Regards

Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site

As your father died intestate, at first you have to get a succession certificate before doing anything with the property. No one can go by your statements here. Who knows that you and your brother are the only succesors to your father?