Sale of plot
Querist :
Anonymous
(Querist) 28 September 2011
This query is : Resolved
Our ancestral property was occupied by a tenant for the last 50 years . My grandparents and later my father and uncle had filed a case for vacation of the property from the tenant . The tenant purchased 50 % of share of the plot during the continuation of the case from my uncle as UNDIVIDED share without our knowledge or approval. My father has died 7 years back and no one contested the case after the purchase of 50 % of the plot by the tenant. I have also not made any correspondence with the tenant since my fathers death.
1.Can the tenant who is joint owner now sell the property without our knowledge.
2.Can he sell his share of 50 % undivided share as he is the owner of 50 % of the share.
3.As i have not made any correspondence with him and not obtained any rent from him for the last 20 years will i lose my right on the property.
4.What are the rights of the buyer in the case of properties which are bought as undivided share when it is not allowed by the local authorities under whom the property comes to.
Thanks ...
jitender pawaria
(Expert) 28 September 2011
As per your query "when tenant purchased share in which property on which he was tenant. he is not comes under the definition of tenant after purchasing the share he treat become a joint owner and which share he occupied he can sell his share not specific portion of land".
you filed a suit of partition before competent authority and get partitioned the land.
prabhakar singh
(Expert) 29 September 2011
1.Yes is the answer.
2.Yes is the answer.
3.No is the answer.
4. unless you refer the very provision of bar ,we can not be able to tell you its true impact.
In addition i need to say that for 50%he is owner and for 50% he is tenant if previously he was tenant of 100%.
Shastri J.K.
(Expert) 29 September 2011
I agree with mr. prabhakar singh.
Querist :
Anonymous
(Querist) 29 September 2011
Thanks for the replies, obliged ...
Can he sell the entire 100 % of our property or only 50 % which he has purchased as he is a tenant in 50 % which is owned by me .
As the 50 % rights of the property he has purchased was as undivided share, who will determine which portion is his and which is mine thus which portion can he sell ...
The property lies under DDA in Delhi - can he sell his undivided share ...
Querist :
Anonymous
(Querist) 29 September 2011
How can i stop him to sell his undivided share too by filing a suit for partition ...
If i file a suit for partition ... what is the criteria of the court to partition the property ... which area of the plot will go to him and which to me .
prabhakar singh
(Expert) 29 September 2011
Can he sell the entire 100 % of our property ??
Answer:No is the answer;he can sell only 50 % which he has purchased as he is a tenant in 50 % which is still owned by you.
who will determine which portion is his and which is mine ????
Answer:It can be decided only after partition between you and him made mutually or by intervention of court.
which portion can he sell ...??????
Answer:No specific portion can be sold by him as with out partition each of you are owner of every inch of land.
The property lies under DDA in Delhi - can he sell his undivided share ...??????
Answer:i am not aware of DDA rules bar it or not.
How can i stop him to sell his undivided share too by filing a suit for partition ... ????
Answer:by filing a suit for parting and injunction restraining him not to sell until plot gets finally partitioned.
what is the criteria of the court to partition the property ... which area of the plot will go to him and which to me ....????
Answer: when property is partitioned EQUITY
IN EACH AND EVERY RESPECT TO THE USE OF LAND BECOMES THE CONSIDERATION,SUCH AS RIGHT TO WAY,VALUE OF A PARTICULAR SIDE ADJACENT TO SOME THING ENHANCING THE VALUATION,EASEMENTS etc.
which area of the plot will go to him and which to me .??????/
Answer : It is a premature question which shall have bearing only at the time of actual partition.
R.Ramachandran
(Expert) 29 September 2011
I fully agree with the views of Mr. Prabhakar Singh.
Guest
(Expert) 30 September 2011
I also agree with the opinion of Shri Prabhakar.
Querist :
Anonymous
(Querist) 01 October 2011
I am sorry but i am bit confused ...
please enlighten me - Do you mean that -
Can he sell his rights of 50 % of undivided share or
He cannot sell his rights of 50 % of undivided share too as it is not yet be partitioned and we both are owners of each and every inch of the property yet ...
prabhakar singh
(Expert) 01 October 2011
He can sale 50% of his share without allocating any specific side or portion of the plot.
It is only partition where after his rights over a specific portion could be specified,then after partition he could sale the very specific portion allotted to him.
But filing of suit is advised so that by a restrain order obtained from the court he may be checked from selling which he otherwise can about 50%.
Querist :
Anonymous
(Querist) 01 October 2011
Thanks a lots...
Just for knowledge sake if my portion was 40 % will the same laws apply ...
prabhakar singh
(Expert) 01 October 2011
yes still the same law will apply.
Querist :
Anonymous
(Querist) 01 October 2011
So the final answer is he can sell his rights of his 50 % undivided share to anyone till i don't get a restrain order
but still as the property is not partitioned he cannot sell the specific share in the property till it is partitioned...
and i can also go for suit for partition later with the new buyer ...
thanks again ...
R.Ramachandran
(Expert) 01 October 2011
Dear Anonymous,
In whichever way that you put your question, the fact remains that the person who owns whatever portion (whether it is 50% or 49% or 1%) can sell his rights to anybody. The only thing is nobody knows as to which part of the property in qustion the said share represents. This will become crystal clear only when a physical partition takes place.
prabhakar singh
(Expert) 01 October 2011
Dear Anonymous!
Yes That is also possible ,and suit for partition would lie till no partition is factually made on spot, let there be infinite subsequent subsequent sales by any of you,beyond your counting powers.
BUT It is too much And i am displeased with you as you are misusing the free service available to you.
Now i am confirmed you are not confused,but most intelligent who knows how to have free answers in the name of anonymity ,but no impure tact works for long.
Querist :
Anonymous
(Querist) 01 October 2011
Thanks a lots ...
Being a lawyer myself who did not had enough knowledge on the relevant subject, i thought this was the best forum to get clarity on the subject ...
Highly Appreciated ...
prabhakar singh
(Expert) 01 October 2011
That is okay!But this all could have gone in one stroke.But thank you as raised our score.
When you are lawyer better come always introduced.
