LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Soum Sen   08 May 2022

Joint property

Two brothers jointly hold a residential land. If anyone wish to buy half of this land, is it right to purchase it from any one of them?
The concept behind the sale is one brother sale half of the land whereas the remaining part will be held by another brother. In the absence of partition deed if both of them jointly transfer half of the land to anyone and the consideration value send to any one brother's bank account, say A by buyer ; after that for remaining part of the land, brother A executes a gift deed to brother B. Can it be a right step?



Learning

 3 Replies

G.L.N. Prasad (Retired employee.)     08 May 2022

Only if the said property is divided into metes and bounds, showing individual properties of each co-sharer in the schedule form in a registered settlement deed, the sale is possible.  None of the co-sharers can assume his own share with his own boundaries without consent and admission of the other.  For selling any property, title is not necessary in modern times, but the necessity is to state facts in the deed.  The purchaser may file suit and seek partition of the property to another for the undivided share of the seller.

Soum Sen   08 May 2022

Please guide me Sir for second query written in the second para.

Dr J C Vashista (Advocate)     09 May 2022

Either of the mode of transfer of title i.e., sale or gift are valid in case of jointly (equal share) owned property.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register