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Can a brother sell joint property without other brother's consent
30-Mar-2023 (In Property Law)
My uncle(bachelor) jointly owns a property with his younger brother(married and has a daughter). This undivided property is not an ancestral property. My uncle wants to sell his share of the undivided property to another person. Mutation has been done. The property area has been equally divided in the register of BLRO. Can my uncle sell his share without taking any consent of his younger brother. Or is it necessary to take his younger brother's consent. Because his younger brother will not let him sell the property as he wants occupy the whole property. And can my uncle(bachelor) adopt me (AG
If the property is a self acquired property by your uncle and his younger brother then your uncle has a complete right to sell his share in the property without his younger brother's consent. According to section 44 of Transfer of property Act,every co-owner has right to transfer his share if property or any interest in the property. Assuming that you are a hindu, your uncle adopting you will be governed by the The Hindu and Maintenance Act.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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