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Clarification on sale of portion of undivided property by co-owner
16-Feb-2023 (In Property Law)
Mere dadaji k ek bade bhai the. Mere dadaji k 1 bete aur bade dadaji k 2 bete. Jab bade dadaji apni will bana rahe the tou unhone apni property apne dono bete aur mere pitaji k naam kar di. Bade dadaji k guzar jaane k baad mere dadaji ko 2 aur ladke huwe. Kuch samay baad mere dadaji bhi guzar gaye. In sab baato ko guzre lagbhag 30 saal se jyada ho gaya. Kuch dino pehle pitaji ne apne hisse ki property ko bade dadaji ne transfer ki thi unke ladko ko bech di. Ab mere khaas chacha ji log un paise me hissa mang rahe hai warna case karne ki bol rahe hai. Kya unka koi legal huq banta hai ? Agar case huwa tou kya kya document chahiye honge?
Hello, In case of your elder grandfather's property being his self acquired property ( on plain assumption) , a portion of which later devolved upon your father through a WILL, your uncles have no right in the said portion. Your father's alienation of that portion of property which came to him through your elder grandfather becomes his gifted property through transfer( and since it is still not a part of ancestral property , he is free to alienate the same in any manner whatsoever). The consideration amount that he has received in lieu of that property from your uncles to whom he has sold it, is his own money and no one can ask for his/her share in that money during your father's lifetime. The original WILL , SALE DEED, TRANSFER DEED etc.. are few of the documents that shall be required. For further details you may contact me.
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Adv. Ritagya Riti Singh
Delhi | 25+ Answers
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Can a jointly owned property be gifted by one owner?
A jointly owned property can be given to the other joint owner through a gift agreement. 12-Sept-2022
Who is the main owner of a joint property?
Joint Tenancy
The property is divided equally among the co-owners. It also works with the concept of survivorship, which means that if a co-owner passes away, his rights are automatically transferred to the tenant who survives.
Can we sell joint property without partition?
You cannot, however, sell any specific properties without a partition. When you sell your shares, the purchaser will take your place and be responsible for completing the partition if he wishes to claim ownership of a specific property.
Can a jointly owned property be sold by one owner in India?
Can I sell my part of a property that is co-owned without the permission of the other owner? All joint owners must consent. The transferee does not have the right to share possession of the property with the other co-owners if the consent is not obtained. 16-Jan-2023
Unka legal haq nahi banta par woh dada jahi property hone ke naty case kar sakty hai jiske liye apko will ki cope sale ke documents wagarah lane parengy. Apke dadaji ki koi property thi toh woh us mein se bhi hissa lengy
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Adv. Palak Nenwani
Delhi | 100+ Answers
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