Transfer of co-owned property
PRAVEEN SHARMA
(Querist) 23 April 2013
This query is : Resolved
My Ques.- A Property is co-owned by the A & B. Then A wants to sell but B doesn't. Is the Property can be sale by A without the consent of B??
What are the future implications on this?
thnks in advance
Regards
ajay sethi
(Expert) 23 April 2013
is it a flat in cooperative society? consent of B would be required in such a case as flat cannot be sub divided
PRAVEEN SHARMA
(Querist) 23 April 2013
Sir,
It is a residential House in Haryana Region.
There are two owners.
PRAVEEN SHARMA
(Querist) 23 April 2013
One Co-Owner Wants to sell but not the other
Advocate M.Bhadra
(Expert) 23 April 2013
A can sell his share without consent of B even undivided nature of property.But a notice should be given to B before selling the property as a pre-emption right.
Section 7 of the Transfer of Property Act, 1882 provides that every person competent to contract i.e. a major and of sound mind or is not disqualified by law for contracting. Therefore even the interest of a co-owner or co-sharer can be sold, mortgaged, leased to another co-sharer or to a stranger. The fact that the partition has not taken place by metes and bounds , does not stand in the way of the interest of a co-owner.
According to the law prevailing in some areas, a coparcener of a Hindu Joint Family can alienate his share in the Joint Family Property for consideration. Such a coparcener is a legally competent person. But in some cases of Mitakshara coparcenary, the consent of other coparceners is required before any such transfer.
Sailesh Kumar Shah
(Expert) 23 April 2013
There is no room left by Mr. minasu bhadra to add more.
Raj Kumar Makkad
(Expert) 23 April 2013
Desiring co-owner can definitely sell his share without the consent of other one and can also handover the possession already with him to the buyer.
