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Asokkumar   16 March 2019

Property dispute.

Property transferred to successors (daughters) on the demise of their father. Property was held jointly by daughters. One has sold the property to another without concurrence of her siblings who are major. Whether the registration is valid?


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 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     16 March 2019

If one of the daughters sold her share to another, it is valid.  If she sold total property then consult local advocate having knowledge in property matters for further guidance.

Adv Deepak Joshi +917017821512 (Advocate)     16 March 2019

In case one sold her own share then registration is perfectly vaild, if she sold more than her share than registration is invalid

G.L.N. Prasad (Retired employee.)     17 March 2019

A co-sharer is just a trustee of the undivided property, and unless there is partition in metes and bounds, allocating each co-sharer a definite share, such sale is not legal.  A co-sharer is not entitled to sell all the property.   Registration is different and authorities are not expected to go into intricate legality in such sale, they are concerned with their fees only.  If there is any illegal alienation, before the limitation period, one should file a suit for partition and declaration suit and make the purchaser also as a party.  Contact a local advocate and get a legal notice issued immediately and obtain an injunction before purchaser resorts to some other development of the property.  The sale cannot bind other co-sharers.

P. Venu (Advocate)     17 March 2019

The sister concerned is entitled to dispose of her undivided share in the property. The matter could be sorted out with the buyer. Or else, any one of the jointees, the buyer included, can file a suit for partition.

 


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