Title of ownership
ram singh
(Querist) 24 June 2012
This query is : Resolved
A flat is bought in joint name of A and B 1977 from the builder.The agreement has both A and B name as owner.However due to ignorance the share certificate is issued in name of only A.Now A sells the property without the consent of B to C in 1987.The house is transferred to C .Share certificate is issued in C name.C has taken possession and is staying for 15 years.After 15 Years have lapsed B is trying to claim his share.Can B get his share back as he had not signed for the transfer of the flat in the first place.what can B do to get back his rightfull share?
Adv.R.P.Chugh
(Expert) 24 June 2012
Dear Mr.Singh,
1. A Co-owner has no right to sell the whole property without the concurrence of the other co-owner.
2. But having said that, a co-owner in certain circumstances may be estopped from claiming that the sale by the other co-owner/ostensible owner, is not competent sale. But whether this particular principle is involved would depend on a lot of factors.
3. You've not mentioned whether A & B were in possession, and whether possession was given to C to the knowledge of B, if yes then there would be question of limitation also.
Consult a local counsel with complete fact scenario.
