Sale of jointly owned property
Querist :
Anonymous
(Querist) 11 October 2011
This query is : Resolved
It is necessary for a joint owner of an immovable property whose share in that joint ownership property is defined to take prior consent of other joint owners while selling his share in that property to a third party?
ajay sethi
(Expert) 11 October 2011
no prior consent is not necessary
Section 44 says -
Transfer By One Co-Owner- Where one of two or more co-owners of immovable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires, as to such share or interest, so far as is necessary to give effect to the transfer, the transferors right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting, at the date of the transfer, the share or interest so transferred.
Where the transferee of a share of a dwelling house belonging to an undivided family is not a member of the family, nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house.
prabhakar singh
(Expert) 11 October 2011
NOTHING REQUIRED TO BE ADDED TO OPINION EXPRESSED BY Mr.SETHI.
Advocate M.Bhadra
(Expert) 11 October 2011
You can sell of your share without consent of the co-sharer,but the purchaser would obtain the title in undivided form of property.
