LawRato

Can I sell my share of a non partitioned property ?


25-Jan-2023 (In Property Law)

I am a Hindu. The property is in my father's name and he is no more. We are 3 sons and 1 daughter. The land is not partitioned yet , Can I give away 10 cents of my share to someone from the common property without consent of my other siblings ? Would that sale be valid ? Appreciate it some one could let me know

Answers (2)

Answer #1
648 votes
Unless all the family members jointly execute a partition deed, proper title to the property to an individual can not be delivered. At any stage, other members can object to a sale made on un-divided family property and seek to set aside such sale.

If all the members are not co-operative for a partition, court's direction can be sought.
Answer #2
506 votes
Yes. You can. But you can transfer your undivided share over the concerned property without consent of other siblings. Sale would be valid one. Either yourselves or your purchasers cannot independently locate/identify your share physically in the property. The proposed purchaser have to wait till the property get it partitioned.

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."