Sale of undivided share in a joint property
Harjeet Narang
(Querist) 26 October 2015
This query is : Resolved
There is a property in Delhi which is owned by three joint owners, however, none of them have the physical possession of that property since the property is occupied by the tenants from last several years.
Now , out of these three owners, one co-owner had sold his 1/3 undivided share to someone.
Can that purchaser file a suit for possession and eviction of any specific tenant claiming himself to the owner of 1/3 share of undivided property ? Please advice.
I heard that there is a judgement of Madhya Pradesh High court, and several other High courts that A purchaser from a co-owner of a portion of undivided property is not entitled to possession of any particular part of the joint property.
Please spread some additional light on this issue with relevant judgments
Anirudh
(Expert) 26 October 2015
The buyer of 1/3rd property should first file a suit for partition and on the basis of the partition decree he has to act and before that he cannot ask any tenant to vacate.
Rajendra K Goyal
(Expert) 27 October 2015
The buyer should file suit for partition first.
K.S.Srinivas
(Expert) 29 October 2015
I agree with Sri Anirudh.
T. Kalaiselvan, Advocate
(Expert) 01 November 2015
Agreed that the buyer of the 1/3rd undivided share in the property cannot take law in his own hand by asking a particular tenant to vacate just because he purchased the undivided share in the property. His share of property has not been identified till date, if at all he wants to acquire his particular share in the property, he has to file a partition suit claiming his share and separate possession.
Harjeet Narang
(Querist) 01 November 2015
thanks all for your kind advise. Any citation on the above advise. Please elaborate
