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Meghana Marathe (SE)     01 March 2011

Sale of House without NOC from Partner

Hi,

We own a plot in partnership among three of us.  Each one of us has built house(bunglow having two walls in common) on this land which has an individual ownership. Now one of our partner is selling his house to a third party without our NOC. Can he sell his house this ways?

In what ways can we stop him from doing so? Please guide

Regards, Meghana



Learning

 2 Replies

jyotirmaya behera (advocate)     02 March 2011

it is his will. he may sell to any one or wt ever want he can does. but matter is " is there made any contract " if yes tn what was there condition?

Deepak Behal (lawyer)     13 March 2011

yeah... he can sell his own share under "mustarka" if there is not specified partion of the said property...

 you cannot barred him to sell his share..

but on ur safer side... you can ask for the demarcation to ur local kaanoongo, by giveing him a simple application, this will lead you to specifiy your own shares....

now the twist is, if there is no as such partion.. then you can also claim ur own share out of  the sold property, that was purchased among three of you, being a co-owner of the same property


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