Can I sell my share in undivided residential property?

577 votes

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 , does not stand in the way of the interest of a co-owner.

The transferee steps into the shoes of his transferor ie the co-owner, and is clothed with all the rights and becomes subject to all the liabilities of his transferor.

Advocate Siddhant Sharma LawRato

950 votes

As the property has devolved upon both, unless the same is divided by metes and bounds, it remains under joint ownership. Hence, you both have to enter into a partition deed delineating property falling to each persons share If the same is not agreeable to both than a suit for partition can be filed before a civil court.

LawRato LawRato