Sale of Undivided Property
Querist :
Anonymous
(Querist) 15 February 2010
This query is : Resolved
Sir,
I would like to seek your opinion on the following matter.
I have ancestral Property at Karnataka ie., Building constructed with Open Space around 5 guntas. The property is un-divided till date and the sole owner of the same was my father and his elder brother.
My father is having 4 childrens ie., One Male and Three Females. Now, all are major. All Three Females were married and myself is also married.
My Uncle (Eleder brother of my father) is having 7 childrens ie., 5 Male & 2 Female. Now, all are major and married.
Now, I intend to sale my part of Property ie., 50% of the sole property because of some emergency reasons. Prior to that I intend to divide the property equally but, because of some understandings, this is not materialized. I understood that unless and otherwise, the partition is made, it is not possible to sale the property belongs to me. In the situation, please advise me that whether should I sale property belongs to me to the prospective buyer (undivided property) who is well versed with the matter ?
I need your help to proceed further with. Please educate me with the steps to be taken.
adv. rajeev ( rajoo )
(Expert) 15 February 2010
You cannot sell your share in undivided property.
However you can execute the sale of sale stating that partition is not yet made still property is undivided, regd., sale deed will be exeucted only after the partition made.
Querist :
Anonymous
(Querist) 15 February 2010
Sir,
Thanks for your immediate response.
I have gone through your advice.
I am not understood the sale of sale termenolgy. Please explain.
In such case whether we should go in for power of attorney to hand over to the buyer. Further once I sold out the undivided my property (in particularly my share) I should not be nominated for any legal proceedings. In such case only my power of attorney should meet the purpose.
Any hessale facing by the buyer if the power of atterney is made.
Please explain.
Sir in total I wanted to sale my part of property (un divided) as I am in need of funds for medical expenses.
Regards
B K Raghavendra Rao
(Expert) 15 February 2010
You first need to get the property partitioned and the specific portion of the property that falls to your share only can be alienated. Now, how do you know which part of the property comes to your share? Therefore, you cannot the sell the property.
Until the property is partitioned, you cannot execute any power of attorney.
