Selling of flats without signatures of the respective owners
Akshat Singh
(Querist) 24 December 2014
This query is : Resolved
We have a double storey house which is consisting of 3 flats. 2 flats are on ground floor and on the 1st floor, half portion is open terrace and another half is a 1 bhk flat.Both the ground floor flats are on the name of 2 brothers,one for each and the 1st floor flat(including side terrace and upper terrace) is on our name.My question is, is it possible to sell that 1st floor flat separately without selling ground floor flats and without the signatures of their respective owners?
Devajyoti Barman
(Expert) 25 December 2014
THE OWNERS ALONE CAN SELL THE FLAT FOR WHICH SIGNATURES OF NON OWNERS ARE NOT REQUIRED.
Dr J C Vashista
(Expert) 25 December 2014
I agree with expert Mr. Devajyoti Barman, it is the owner.
prabhakar singh
(Expert) 25 December 2014
Many questions are involved.
How the land was acquired?
Where are the flats and under which legislation sanction plan was passed?
Was it passed jointly and later on a partition took lace between co owners ?
Is there a deed of partition,if yes,then a memorandum or a registered one?
So better visit local lawyer's chamber.
Rajendra K Goyal
(Expert) 25 December 2014
If you are absolute owner, you have all rights to sell it.
ajay sethi
(Expert) 25 December 2014
if flat is in your name you can sell the said flat . you dont need consent of other flat owners .
P. Venu
(Expert) 25 December 2014
Pl. ascertain whether the local laws provide for ownership of flats as distinct from the ownership of the land on which it is constructed?
So also, please elucidate "flats are on the name of ....."
T. Kalaiselvan, Advocate
(Expert) 27 December 2014
Ascertain all the answers for the queries raised by experts and then consult a local lawyer for his opinion to sell the property.
Hemant Agarwal
(Expert) 09 March 2015
1. IF the "double storey house", is a Family property .AND. the "plot of Land" on which the "double storey house" stands is a family property , THEN
a) Firstly you would have to take documentary consent of all the joint owners of the above "plot of Land", for selling the First Floor Flat.
b) "side terrace and upper terrace" CANNOT be sold, since the "usable right" to the use the "side terrace and upper terrace" shall vest equally with all the three Flat owners.
c) The "First Buy Right" (.OR. refusal) for purchasing the First Floor Flat, vests ONLY with the Family members (means ground floor flats)
d) There may be ownership issues to the other common open spaces around the house, which includes the Stair-Case going up to the First Floor and the "side terrace and upper terrace"
CONCLUSION: Consent /Confirming Party signatures will be required in the Sale-Agreement of the First Floor Flat, additionally with a Partition Decree of the Property.
Keep Smiling .... Hemant Agarwal
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