Sale of share in unpartitioned property

Querist : Anonymous (Querist) 05 March 2010 This query is : Resolved
A partition suit is pending for the ground floor of my house built by my father.I'm the absolute owner of the first floor since the roof of the ground floor was gifted to me by my father and it was registered.Can I sell my share of the ground floor alongwith all my legal liabilities to whomsoever is willing to purchase the first floor?Can my mother and sister stop me from selling my share in unpartitioned ground floor even before disposal of the partition suit?

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Raj Kumar Makkad (Expert) 05 March 2010
No. You can very well sell your share in ground floor along-with first floor but it shall be better if you first of all offer the sale to your family members and if they refuse to purchase then take specific portion in the ground floor and then make sale to outsider for the better relations in the family.

Legally you are free to sale your owned and possessed property to anyone at any time at your own terms and conditions and none can stop you.

Parveen Kr. Aggarwal (Expert) 05 March 2010
Yes. You can sell your share in un-partitioned property and the vendee shall get the same subject to final partition. In the pending suit, the vendee may be substituted as a party to the suit in your stead under Order 22, Rule 10 of the Code of Civil Procedure, 1908.

Raj Kumar Makkad (Expert) 05 March 2010
parveen you and me are replyin the same answer then why you used Yes?

Parveen Kr. Aggarwal (Expert) 06 March 2010
Mr. Raj Kumar Makkad,

The query is 'can I sell my share....'. Should we say 'No' and start our answer with that word when we are saying that you can sell your share.

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