Can co owner sell their share without consent of other co owners


Joint Property i.e Dwelling house of having 4 shares (Tenancy in Common) purchased in 1965 by mother and 3 children, in which partition by metes and bounds not executed. Out of 4 shares 3 shares sold their share by registered sale deed to stranger without taking consent of 4th share. 4th share is in possession of full house. Question 1) Can 4th share claim in court for cancellation of sale deed as there was no consent from him and there was no partition of dwelling house? 2)Can 4th share claim in court for right of preemption? Kindly suggest how Transfer of property act section 44 apply

Answers (1)


302 votes

If they sell it without your consent then u can cancelled that registered sale deed in court of law.
TP 44 applies to your case i.e. right or preemption is exactly applicable in your case.If they sell it without your consent then u can cancelled that registered sale deed in court of law.
TP 44 applies to your case i.e. right or preemption is exactly applicable in your case.If they sell it without your consent then u can cancelled that registered sale deed in court of law.
TP 44 applies to your case i.e. right or preemption is exactly applicable in your case.If they sell it without your consent then u can cancelled that registered sale deed in court of law.
TP 44 applies to your case i.e. right or preemption is exactly applicable in your case.


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