Need advice regarding sale of property

666 votes

Your husband will not be able o sell the aforesaid Flat without your consent and/or signature because you are co sharer of the said flat. But he can easily sell his undivided share to any body which you can resist by filing a partition suit and getting a injunction in your favour.

Advocate Supratic Roy LawRato

611 votes

You and your husband are the 50%owner of the flat(undiveded).both of you are 50%share each...you can purchase the 50%share of your husband through deed of gift and after that you became 100%owner ofvthe flat.

Advocate Pradip Chakraborty LawRato

985 votes

If the property is in joint name in that event your husband could not sale it out without your consent , let him go to court , court will not entertain his application as a composite unit could not be demarcated and divided in any manner whatsoever.

Advocate Mahesh Kumar Joshi LawRato

916 votes

I am compelled to mention that there are two issues.one - possible misunderstanding between husband and wife and other- sale of property. My suggestion is, at the first instance, settle your mutual differences​ and thereafter go to the office of the competent Registrar of property (Bikash Bhavan -Salt lake city Kolkata or Barast) from where you can get the current Government rate of the property.If you so desire you may sell your property considering Govt rate as benchmark​.Please note that a jointly held unpartitioned property can not be unilaterally sold without​ expressed consent of other owner(s). Law is in your side.Immediately contact lawRato for further instructions.

Advocate Goutam Majumder LawRato

622 votes

After partition he definetely sell his part it is better known to you as because you are not solo owner in respect of the said flat. Though he give you proposal to you to buy his portion it is also right proposal. Court will not impose any sorts of restriction upon him not to sale his portion of flat after partition. Then one way is obtaining Injunction over entire flat. Therefore, directly met with an Advocate and stated him everything. Who will solve your problem.

Advocate Sanjoy Acharjee LawRato