How to sell part portion of shop?
salman khan
(Querist) 30 March 2013
This query is : Resolved
my father eager to transfer/sell his part shop in Register Society to me, and how the partition in physical form is to be made the shop has two shutter due to bheem in between but as per society record is only one shop of 105 Sq.ft, so please help how documents is made what about of Builder or previous owner agreement , who kept that original paper.
ajay sethi
(Expert) 30 March 2013
you cant partition shop which is of 105 squre feet . what your father can do is execute gift deed in your favour for 50%share of shop . so that you become jont owner with your father
ajay sethi
(Expert) 30 March 2013
gift deed has to be stamped and regd . make application for transfer to society so that your name also gets reflected in share certifcate
prabhakar singh
(Expert) 30 March 2013
you can become co-owner with father if he gifts you 1/2 but no permanent partition wall can be raised by you.However temporary wooden partition can be provisioned for.
V R SHROFF
(Expert) 30 March 2013
Number of UNITS IN CO-OP SOCIETY CANNOT BE CHANGED WITHOUT PREVIOUS WRITTEN PERMISSION OF ASST REGISTRAR OF CO-OP SOC+ LOCAL BODY[SAY MUNI COPRPN]
U can be co-owner.
Cannot convert from one shop to two shops with individual ownership, unless permission granted. [Rare case]
R.K Nanda
(Expert) 30 March 2013
agree with experts.
Raj Kumar Makkad
(Expert) 30 March 2013
I have also the similar opinion as of both experts.
salman khan
(Querist) 31 March 2013
but if my father wants to sell part of shop to another person, whether he can do this, if yes, how? No so please elaborate.
malipeddi jaggarao
(Expert) 31 March 2013
Unless the property proposed to be sold is identified, who will purchase the property though your father has got right to sell his share?
prabhakar singh
(Expert) 31 March 2013
For doing it lawfully your father should take prior permission in writing of the Registrar co-operative society as well as that of municipality.
If possible preferably a general body of co-operative society should pass resolution for that on application of your father and the same should be forwarded to above authorities so that chances of refusal may go reduced.
ajay sethi
(Expert) 31 March 2013
no your father cannot sell part of his shop to outsider . he has to sell entire shop . please note society will not transfer the shop in name of new purchaser if entire 105 square feet is not sold .
highly doubtful that permission would be granted by the society or muncipal corporation for sun dvision of small shop
Raj Kumar Makkad
(Expert) 03 April 2013
Portion can definitely be sold but the possession can be given only under a mutual agreement or a formal partition.
