Selling of undivided share in joint property
Ganesh Ram
(Querist) 02 October 2012
This query is : Resolved
A,B,C,D bought a land jointly on their names with equal share. A died. His wife(his legal heir) wants to sell her portion of the land. B,C,D are refusing to sign. Can she independently go ahead and sell her portion without their involvement?
V R SHROFF
(Expert) 02 October 2012
YES SHE CAN SELL HER PORTION OF THIS UNDIVIDED LAND .
She may First offer BCD, ,if they refuse to buy her share, she is free to deal with any other purchaser(This is to safeguard Court disputes later)
Devajyoti Barman
(Expert) 02 October 2012
Yes, she can sell her undivided share in the property. There is no bar in it.
However in the context of non demarcation of her share, the prospective buyers may be less in number.
V R SHROFF
(Expert) 02 October 2012
What is wrong if she offer her share to BCD??
It simplify everything, and she can file release deed in their fvr.
Rajeev Kumar
(Expert) 02 October 2012
Yes i agree with Mr.shroff she should offer to sell the land to B,C,D as they are the family members and on the basis of the princple of pre-emption the sell should offer first to the person who is within the boundry of land or whose property is situated adjacent to the of all boundry of the land.
Ganesh Ram
(Querist) 02 October 2012
Thanks Sirs!! In this case, B,C,D do not want
to buy A's portion as they do not have money.
At the same time, they are also not allowing her to sell, saying that 'without our signing, you just cannot sell'. Can she go ahead?
prabhakar singh
(Expert) 02 October 2012
Yes ! the wife of deceased joint holder can sale her share to any stranger even without consent of Bor C or D.
MohammedRaffiq Bijapur
(Expert) 02 October 2012
It is her absolute right. BCD though have preferential right but cannot restrain wife of A to sell her share.
