Joint rights of land
dashrath patel
(Querist) 28 December 2012
This query is : Resolved
I and my brother jointly owned land in ahmedabad ... I want to know that can i enter into agreement to sell without his(my brother)knowledge?
Is this offer made by me is valid one?
and the contract which come out is valid contract as per the contract act,1872.?
prabhakar singh
(Expert) 28 December 2012
You can enter into a valid agreement to sale to the extent of only and only the share you own but in that agreement you can not specify
any particular portion of the land jointly owned without consent of or partition with your brother.
dashrath patel
(Querist) 29 December 2012
I want to know that if I specify the total portion of land in the agreement then what is position of agreement in the court of law in respect to buyer if he (buyer) knows the truth.
ajay sethi
(Expert) 29 December 2012
to avoid legal complications take your brother into confidence . since your brother is co owner of said land sell the property with his consent only
Raj Kumar Makkad
(Expert) 01 January 2013
You can sell only your share even without knowledge of your brother and can also provide the portion under your possession but you cannot mention the delievery of a particular portion in sale deed. Truth is the best policy.
prabhakar singh
(Expert) 01 January 2013
presuming you share 1/2 of the total, then write
1/2 share of the total owned and describe the total by boundary and number without specifying any specific portion as your 1/2.
