Joint property - partly sold - remaining partition?

Ravindra Swamy (Querist) 12 November 2011 This query is : Resolved
4 persons have jointly purchased a property having rights of different shares. 3 of them have sold their undivided share to 5th person and executed a sale deed in 5th person's name which has been registered in the concerned registration office. the problem is,
i. can the 4th and 5th persons partition the property as they are the present owners of undivided share of the entire property?

can the 4th person release his/her share to the 5th person?

or, is there any other possibility?

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prabhakar singh (Expert) 12 November 2011
If i understand it properly by blessings of GOD then you say that now thre are only two sharers.

yes,these two can partition amicably.No legal hindrance i see.

release is also possible but there may be a bit objection if they are not from a family
because of the issue of stamp duty as sale attracts more stamp duty.

Vinoba (Expert) 12 November 2011
Hello,
I go by what Mr. Prabhakar Singh posted.

Advocate Bhartesh goyal (Expert) 13 November 2011
Yes 4th and 5th persons can definitely partition the property as they are now owners of the property but in regards to release the questioned property was not purchased by 4th and 5th person jointly so 4th person can not release his share to 5th person.