Sale of joint property without partition
Ankarsh Rattan
(Querist) 27 September 2015
This query is : Resolved
A 60 marla plot is lying on the highway. This property of land is jointly on the name of 2 sisters and 3 brothers. Out of which one sister sold their part without the consent of the others. Can she sale the land without partition. What can they do (other members) in this situation. Please Guide. They go in the civil court for suit of partition or in the Tehsildar office for partition. Or any other remedy.
Sri Vijayan.A
(Expert) 27 September 2015
It is assumed that she has sold her 1/5th undivided share to another party.
all the five co-owners can have a partition deed and get it registered in Sub Registrar office.
Ankarsh Rattan
(Querist) 27 September 2015
Yes u r right. She sold her 1/5 undivided part. How can a borower mark his part without a proper partition.
Ankarsh Rattan
(Querist) 27 September 2015
Yes u r right. She sold her 1/5 undivided part. How can a borower mark his part without a proper partition.
Ankarsh Rattan
(Querist) 27 September 2015
Pls guide. What can they do.
P. Venu
(Expert) 28 September 2015
The buyer needs to file a suit for partition.
T. Kalaiselvan, Advocate
(Expert) 03 October 2015
The buyer either has to wait for the amicable partition among the share holders or can file a partition suit based on the sale deed executed in his favor.
