Shailesh Patel 30 November 2021
The agricultural land has one survey number. As per heredity it has 2 brother ownership in 7/12 document and jointly.
Now for sale of half portion of land to third party
1.the dastavej saledeed on sellers side required sign of both or single- can sale his portion on his own?
Please advice.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 30 November 2021
Both must be sign. since the ownership is on both in the records.
kavksatyanarayana (subregistrar/supdt.(retired)) 30 November 2021
Yes. Both the brothers shall execute the document. Or first, divide the property by meats and bounds, then anyone can sell his share to anyone.
Shashi Dhara 01 December 2021
It is in joint ownership divide it with metes and bounds ,if not jointly sign.
Shailesh Patel 01 December 2021
Ok thanks to all of you for useful guidance give to me.
P. Venu (Advocate) 01 December 2021
Who is (are) the seller(s) - one among the brothers or both the brothers?
Shailesh Patel 01 December 2021
One among the 2 brothers.
SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 01 December 2021
From the query it is deduced that land is in joint name and partition didn't take place, in which case Sale Deed needs to be signed by both.
Dr J C Vashista (Advocate) 01 December 2021
Both the owners have to agree and sign
Jeevan Patil 02 December 2021
P. Venu (Advocate) 02 December 2021
In my understanding, one among the jointees can execute the coneyance deed for the sale or transfer of his undivided share. Other jointee's consent or signature in the conveyance deed is not required. However, the buyer will not get posssession unless the property is partitioned by metes and bounds.
Adv Ibrahim Deshmukh - Navi Mu (Advocate) 04 December 2021
Agree with Adv. Venu. The brother intends to sell his share can do so, without consent or signature of other brother. The sale deed will be valid only to his share of portion. New buyers name will be entered in place of brother selling his portion in 7/12 Extract, but no physical division possible at this stage.
Adv Deshmukh Ibrahim
Mob 7045536236
Email ibdesh@gmail.com
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