LawRato

Can I sell a land which is not yet divided


20-May-2023 (In Property Law)
I and my 2 brothers own 3 acres of land in my village, which is unpartitioned, and we three have a deed that states each will have 1 acre of land, can we sell 1210 sq yards from that unpartitioned land will the permission of my other 2 brothers?
Answers (3)

Answer #1
679 votes
dear sir,
if there is an existence of a document which clearly mentions the share of each brother which is clearly understood and ratified and acknowledged by other two then, in that case, No. question of the need of filing any partition suit. You may Take NOC / Declaration in terms of the deed which allows you to have the share.

on the point of Taking permissions: it is not necessary if the deed clearly gives you ownership of the specific portion of the land. but if NOT THEN YOU HAVE TO TAKE PERMISSION FROM OTHER CO-OWNERS.
Answer #2
880 votes
Well
you cannot sell your hindu undivided property....
You need to file partition suit then after equal division in property among the members of family u can sell your share... Without distributing shares you cannot sell off the property
Answer #3
540 votes
No you can not sale the land even with the permission of your brothers as your major son and daughter need to give noc, further more you name should be their in land revenue record as owner of your respective share.

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.

Report abuse?

Comments by Users

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."