Are all co-owner's signature needed in case of sale land
Sankarlal Agrawalla
(Querist) 01 July 2022
This query is : Resolved
A land is in the name of 4 persons in odisha. One of the co-owner is willing to sale his share to another co-owner by registerd sale deed. In this case, the rest two co-owner's present and signature is required in Sale Deed?
If no, then what is the procedure for registration. Is online registration possible?
Dr J C Vashista
(Expert) 02 July 2022
All vendors has to be present before Sub-Registrar for registration of Sale Deed or authorise either of them by granting SPA.
Online registration of documents is yet to be introduced in India.
Dr R SHANMUGA SUNDARAMM
(Expert) 02 July 2022
All the Co-owner should be present for Registration, then only you can mention the boundaries for the specific extent, else you if the single person is will to sale, you can also buy the 1/4 share of the property.
P. Venu
(Expert) 02 July 2022
To my understanding, one co-owner can convey his share in the property to another co-owner. While executing the deed, presence or concurrence of other co-owners is not required.
kavksatyanarayana
(Expert) 02 July 2022
All the co-owners have equal rights over the property and it is not divided. Hence all the owners shall execute a sale deed. Or all the co-owner shall divide the property by meat and bounds. Then they enjoy their property individually and they can sell, gift, or transfer.
Dr J C Vashista
(Expert) 03 July 2022
Very well explained and advised by senior expert Mr. Kavksatyanarayana, I endorse it.
P. Venu
(Expert) 03 July 2022
With due apologies, I disagree with the learned experts. Please see Section 44 of Transfer of Property Act -
"Section 44 The Transfer of Property Act, 1882
- March 14, 2022
Section 44 The Transfer of Property Act, 1882:
"Transfer by one co-owner.—Where one of two or more co-owners of immoveable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires as to such share or interest, and so far as is necessary to give, effect to the transfer, the transferor’s right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting at the date of the transfer, the share or interest so transferred. Where the transferee of a share of a dwelling-house belonging to an undivided family is not a member of the family, nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house."
In this context, it has been held by the Supreme Court in the case of Gajara Vishnu Gosavi vs Prakash Nanasaheb Kamble & Ors -
"11. Thus, in view of the above, the law emerges to the effect that in a given case an undivided share of a co-parcener can be a subject matter of sale/transfer, but possession cannot be handed over to the vendee unless the property is partitioned by metes and bounds, either by the decree of a Court in a partition suit, or by settlement among the co-sharers"
Again, it been held in the case of Shanmughasundaram And Ors vs Diravia Nadar (D) By Lrs. And Anr
"............. Admittedly, the property has been jointly inherited by two brothers and three sisters. As heirs under the Hindu Succession Act, they inherited the property as co-owners. In the absence of partition between them, the two brothers together had undivided share in the property and they could not have agreed for sale of the entire property. They were competent to execute agreement to the extent only of their undivided share in the property. In the event of sale of such undivided share, the vendee would be required to file a suit for partition to work out his right in the property. The left out three sisters as co- owners having undivided share in the whole property, the two brothers are incompetent to abide by the award."
Dr J C Vashista
(Expert) 03 July 2022
Section 44 of TPA reads as:
Where one of two or more co-owners of immovable property legally competent in that behalf transfers his share of such property or any interest therein, ..........
states about the share of individual transferer but not for the share of all co-owners.
Extract of judgment makes the concept abundantly clear that the vendor can sell his/her share only and not entire property, which reads as:
"11. Thus, in view of the above, the law emerges to the effect that in a given case an undivided share of a co-parcener can be a subject matter of sale/transfer, but possession cannot be handed over to the vendee unless the property is partitioned by metes and bounds, either by the decree of a Court in a partition suit, or by settlement among the co-sharers"
"They were competent to execute agreement to the extent only of their undivided share in the property."
Advocate Bhartesh goyal
(Expert) 03 July 2022
Yes, One co-owner can sale his undivided share of property to any one without joinig other co-owners but can't handover possession of his undivided/unmarked share. Purchaser has to file suit for partition to get possession of purchased property.
