Huda - transfer of share by co-owner in residentail builder floor

Hello Mr. Rohit,

I have gone through your query and fully understand your situation. Allow me to offer some advice that I believe will be helpful to you.

There are certain laws and regulations under Haryana Urban Development Authority (HUDA) concerning co-ownership and transfer of shares in residential builder floors. As per HUDA guidelines, co-owners are allowed to transfer their share in property to another person, but this is subject to the terms outlined in their allotment or transfer documents and applicable rules.

There are certain laws and regulations under the Transfer of Property Act, 1882, concerning co-ownership and transfer of shares in property. Specifically, Section 44 of the Act allows co-owners to transfer their share to another person, even if the property is undivided. However, this is subject to conditions outlined in the agreement between co-owners or any restrictions imposed by governing authorities like HUDA.

As per HUDA guidelines, property transactions must comply with the terms in the Haryana Urban Development Authority Act, 1977, and HUDA may require a No Objection Certificate (NOC) or other permissions for part transfers in builder floors.

 Relevant provisions under the Transfer of Property Act, 1882 and HUDA rules would apply. Since co-ownership exists, individual share transfers should generally comply with local regulations and require no objection certificates (NOCs) from other co-owners in some cases.

In your case:

            •           “A” can transfer their share to “B’s wife” using a registered sale deed, provided the ownership rights of “A” are clearly defined and there is no restriction in the HUDA allotment or co-ownership agreement.

            •           It is crucial to confirm with HUDA whether they allow such partial transfers in builder floors. Generally, builder floors are divided among co-owners through mutual agreement or partition deeds, which define specific rights and shares.

For a better understanding, the case of Kanta Goel v. B.P. Pathak (1977) may be considered, which discusses co-ownership rights and transferability of shares. This case discusses that co-owners have rights to sell or transfer their undivided share, provided the sale does not affect the rights of other co-owners unjustly or contradict existing regulations.

Thank you for reaching out to us. Please feel free to ask any follow-up questions that you may have.