Selling undivided share of property
swaminathan
(Querist) 10 April 2013
This query is : Resolved
I have an undivided share of residential property in chennai.My brother is the co-owner.We share 50% each.My brother is not permitting any developement of the place which is over 50 years old.Because of this attitude I have decided to sell my share to my relative who lives in our compound.He knows fully my brothers attitude and says he will handle.The registration is only less than 3 weeks away.In the meantime my brother sent me a legal notice that I should talk with him for settling the property meats and bounds before my sale.(He does not know the proposed date of my sale and only wants to postpone things and put me under pressure.If I reply to his letter I may have to expose him for many of his misdeeds.I do not want this.Can i complete my sale and then ask to him to take up with my buyer(who will be his co-owner)If i do not reply to the legal notice within the time can he stop this sale.
R.Ranganathan
(Expert) 10 April 2013
You can sell your share in the property. You need not reply to the notice. For further details contact me.
Raj Kumar Makkad
(Expert) 10 April 2013
You need not reply as already advised and go for sale as already decided.
Anirudh
(Expert) 10 April 2013
You would be better advised to go through the following provision in the Transfer of Property Act.
"44. Transfer by one co-owner
Where one of two or more co-owners of immovable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires, as to such share or interest, and so far as is necessary to give, effect to the transfer, the transferor's right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same' but subject to the conditions and liabilities affecting at the date of the transfer, the share or interest so transferred.
Where the transferee of a share of a dwelling-house belonging to an undivided family is not a member of the family, nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house."
