Sanchita (engineer) 10 September 2018

Sale of joint property

Dear Lawyers I stay in Mumbai ,Kandivali.I along with my husband and mother in law we have a joint property in Dombivili-Palava. Now my husband and mother in law are forcing me to sell the property. But I really dont want to sell off the property as my office is nearby to Dombivili. I also anticipate that they will terrorize me as in my early years of marriage I had been tortured immensely by them. I want to know the answers to the following questions 1. Can the property be sold even if I dont sign ? 2. What other actions can I take to safeguard the property Thanks in advance Sanchita

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5 Replies

Adv Deepak Joshi +917017821512 (Advocate) 10 September 2018

Dear querist,

Joint property cannot be sold without consent of all the joint holders.

If your husband and mother in law want to sell their share then it can be done after partition of property. They cannot do much to force you sell property other than creating pressure.

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

R.Ramachandran (Advocate) 10 September 2018

Without your signature, the entire property cannot be sold.

However, they can sell their share in the property (say 66.66%) to anybody. But the buyer will not be able to come and live in that house when you are occupying the house.

While I appreciate your apprehensions about the intentions of your husband and mother-in-law, please check up with them what their plan is after selling the flat? Are they going to invest in any new property or not.

Sanchita (engineer) 11 September 2018

thanks Sirs for your answers
Sirs..thanks for ur answers/suggestions.
Just wanted to knw if I dont take the first step in getting a civil suit or injuction can there be a case that they move forward and raise somthing legally which will force me to sign?
Like just after my marraige they had tortured me and they also assumed I would go and file a case in 498a and raised a suit which was supposed to have saved them against 498a. However I didnt file a case under 498a so everything was closed.

SOLOMON.RAJ (advocate/director) 12 September 2018

Mrs. Sanchita,
Dont worry they will not be able to file anything against you as per your assumptions.

Secondly they have a right to file a partition suit and if the court allows they can sell to the extent of their shares only and cannot touch your's.

In order to protect your property from being aleinated under coercion you can file a domestic violence case and seek protection under section 20 & 21 of the DV act.

Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086