CAN A BACHELOR SELL OR DONATE HIS SHARE OF THE JOINT PROPERTY?
31-Oct-2023 (In Property Law)
My father and uncles are four brothers. A property was bought in the name of the younger brothers(both being students when the property was bought in their name) by my father and his second brother. So the property being a joint property has been equally divided between the two younger in record of the BLRO office after the mutation has been done, but the will it is still written as joint property. My third uncle( a bachelor and co- joint owner of the property) wants to sell his share of the joint property. But youngest uncle the joint owner of the property has an objection to this. According to my youngest uncle (he is married and has a daughter) my third uncle can't sell his share as the will was created in their name when they were students and the property was bought by money of the two elder brothers and not by them( my third uncle and youngest uncle). My youngest uncle also says that if my third cannot sell or donate his share of the joint property with his consent .
Section 7 of the Transfer of Property Act 1882 provides that every person competent to contract I.e. a major and of sound mind or is not disqualified by law for contracting. Therefore even the interest of a co-owner or co-sharer can be sold, mortgaged, leased to another co-sharer or to a stranger. The fact that the partition has not taken place by metes and bounds doesn't come in the way of the interest of a co-owner. The transferee steps into the shoes of his transferor i.e the co-owner, and is clothed with all the rights and becomes subject to all the liabilities of his transferor.
However, in order to have a peaceful enjoyment of the property, the youngest uncle can have area of his share demarcated either in co-operation with the transferee or with the help of court.
However, in order to have a peaceful enjoyment of the property, the youngest uncle can have area of his share demarcated either in co-operation with the transferee or with the help of court.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."