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Joint owner of property sell his share w/o objection?


01-May-2023 (In Property Law)
A property of three storied building with land is owned by 3 relatives in Mumbai. The mutation is in their 3 names. There is no partition deed. Can one owner sell his/her undivided share to a third party without a partition deed? In the sales deed if the two other owners sign as witnesses, is that enough? What documents do we require?
Answers (1)

Answer #1
465 votes
The joint nature of property is no bar to selling individual shares.

Any of the 3 owners can sell his share to any one he so desires. The signature of other 2 owners as witnesses on the sale deed will not make the sale deed attain legal character greater than it would have attained if it were signed by some one else.

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