Joint family property - sale to builder without consent of all members
balaji
(Querist) 23 March 2013
This query is : Resolved
The property belongs to Joint family, whereas seven members of the family transacted with builders without consent of the other 20 members in the family . The builder given a notice in the newspaper that within 14 days of the advt published in the newspaper written proof has to be submitted otherwise sale will be effected ? In 7/12, all 26 persons names are exist. One person not in the list are also given consent to the sale . what is the consequences of the sale transaction. Is it legal. What remedies to the above circumstances? can a members who are not given consent to the transaction take action against a person who is not a member of the family and given consent to the transaction.
Adv Archana Deshmukh
(Expert) 23 March 2013
If the property is jointly owned by 26 persons and only 7 persons have made the transaction with the builder then, the transaction will not be binding on the share of the rest 19 co-owners who have not given their consent to it. They can challange the transaction in the court as not binding on their share.
Devajyoti Barman
(Expert) 24 March 2013
Without the consent of other c sharers the property can not be dealt with.
The other co sharers can place their right before the builder for getting consideration.
If they do not agree for the deal , they can go to court and ask for injunction.
Raj Kumar Makkad
(Expert) 24 March 2013
Not only consent is required but their signature as the sellers are required as the share of all those persons whose names are reflecting in the 7/12 extracts as owners of that property cannot be sold by some other person and and this cannot be got legalized even by publication in the news paper. This is a criminal offence to do so.
