Can one of the owners sell a property with joint ownership

665 votes

Ans no 1 the joint property cannot be sold if the sales deed in joint name does not specify the share of property with clear demarcation hence safer way is to have either consent agreement for partition of property and making other joint owner as confirming party to sale deed rest of advice can be provided after perusing the original joint sale deed to find legal way since the proposed buyer will not be much interested to buy property in joint name without consent of other party however if proposed buyer is ready to buy on as is where basis then legal way to execute sale deed for portion of property can be explored

Ans 2

will can be either registered will with sub registrar office in case will is registered the certified copy can be obtained after filing death certificate of person making the will or if will is unregistered will and you want to challenge the will you can file petition to declare will as null and void and in case you wish to support will you can file will probate petition in court for w authenticated by court by way of probable proceedings

Ans 3 in case of lost sale deed you can obtain certified copy from sub registrar office

If will is not executed then legal heirs as provided in Hindu succession act can claim the share in property

Advocate Praveen Mahajan LawRato

556 votes

1. A co-owner of a property is capable of selling his/her undivided share in the property provided the purchaser is willing to make a purchase in the said manner. the only other way is to partition a property, either through court or through a partition deed and then affect sale of divided property. 2. A will may be made even on a simple piece of paper. It only needs to be signed in the presence of 2 witnesses. Consultation is advised for remaining answers as the same requires more details.

Advocate Puneet Kumar Agarwal LawRato

192 votes

When the shares of co-owners have been stated specifically in the sale agreement, a co owner can sell their part without the consent of another co-owner. If the share isnt stated, one coowner must ask the consent of the other before selling.

Advocate Chikirsha Mohanty LawRato