Sale of undivided share of land .
Anmol
(Querist) 31 July 2013
This query is : Resolved
I own a 67 % share in a property and my uncle wants to sell his 33% share , as the property is undivided, he wants me also to sell it , Can i wish not to sell my share ? can he sell his undivided share alone and does division require my signatures/consent as well
Devajyoti Barman
(Expert) 31 July 2013
Yes you can not be forced to sell your share.
He can however sell his undivided share.
If it poses any problem for you , you may file partition suit for demarcation of boundary and for injunction till it is completed.
prabhakar singh
(Expert) 31 July 2013
None can compel you to sell.
One is free to sale his undivided share and buyer of that share steps in shoes of transferor to get purchased share divided
by partition with one exception to dwellings
to which s.4 of partition Act applies.
No partition can take place without consent of parties.Hence ,yes.,your signature would be required to prove partition.
Anmol
(Querist) 31 July 2013
but sir if the undivided house is sold . it would be troublesome for me as the house is single storey and has three rooms out of which i own two and he owns one so sharing a room with the new outsider would be difficult , if it is sold .
Nadeem Qureshi
(Expert) 31 July 2013
you have right to file a partition suit with injunction according to order 39 rule 1&2 of cpc before civil court
prabhakar singh
(Expert) 31 July 2013
You have not followed my reply.
I told you if your uncle sales his share in a joint dwelling wherein you both are residing you can claim it to buy back and buyer would have no right of partition.
Look Into the following provision:
Section 4(1) in The Partition Act, 1893
(1) Where a share of a dwelling- house belonging to an undivided family has been transferred to a person who is not a member of such family and such transferee sues for partition, the Court shall, if any member of the family being a shareholder shall undertake to buy the share of such transferee, make a valuation of such share in such manner as it thinks fit and direct the sale of such share to such shareholder, and may give all necessary and proper directions in that behalf.
V R SHROFF
(Expert) 31 July 2013
I advise you to offer to purchase 1/3 of their share. [u may obtn Bank Loan, mortgaging the same house.]
You don't sign.
prabhakar singh
(Expert) 31 July 2013
PROVIDED YOUR UNCLE AGREES FOR, THE ADVISE OF MR.VR SHROFF IS BEST OF ALL.
Anmol
(Querist) 01 August 2013
Thank you , for the valuable advice , respected experts !
