sale of land property without partition
sk imtiyaz
(Querist) 21 July 2016
This query is : Resolved
Can i sale the portion of my name of share on ancestor property land and the property was not done partition with other co-owner.....if i sell my share without partition land then did any other co-owner can able to do invalid my registration sale deed?
sk imtiyaz
(Querist) 22 July 2016
But sir i consult some advocate iam getting mixed advice....mostly said its not possible because land was in unpartition situation so it was not clear that which earth(soil) portion belong to me.
Kumar Doab
(Expert) 22 July 2016
If you are not satisfied this time engage a very able and senior counsel for a considered opinion and to defend your interest.
Advocate Bhartesh goyal
(Expert) 22 July 2016
Yes,you can sell your undivided share of property but can't give possession until the partition comes in effect.
Hemant Agarwal
(Expert) 24 July 2016
CONSIDER THIS:
1. An non-partitioned immovable property CANNOT be sold to a "third party". HOWEVER, subject to certain parameters, non-partitioned immovable property MAY be sold to a "third party", AFTER duly executing & registering a "mutual settlement deed" with ALL the co-owners and the new-third-party purchasers.
2. An non-partitioned immovable property CAN DEFINITELY BE sold /gifted /relinquished to a Co-Owner of the non-partitioned immovable property, without any further references of any kind.
3. It is also true that IF you sell your share ratio /part of the non-partitioned immovable property, THEN the "specific" portion of the sold non-partitioned immovable property, shall remain in perpetual dispute at the hands of the existing co-owners.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 24 July 2016
Apparently other Co-sharers are not agreeable.
Experts have advised in detail.
You can benefit from the advise of experts.
