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How to sell a joint property if other partner doesn't want to sell it


02-May-2023 (In Property Law)
Sir I have a lees hold commercial property jointly owned by me and my brother in central Delhi I want to sell off the property due to financial restraints but my brother is not ready to sell. Now what shall I do since I'm I'm urgent need for my survival, kindly help me.
Answers (4)

Answer #1
668 votes
Legally you can't sell a lease hold property if the terms in the lease deed are not permitting the same. Secondly if you want to sell lease hold rights you have to take either No objection from your brother or if the property is ancestral you can claim partition through giving a notice and filing a suit.
People also ask

How do you separate joint ownership of a property?

If there is mutual consent A partition deed is required for all co-owners. This includes family members, business partners, friends and others. Property is divided according to an investment, will or mutual agreement.

How do I stop a jointly owned property sale?

Short answer: No, you cannot stop a partition. Each co-owner is entitled to partition. It is impossible or difficult to overcome. It may be possible, however, to stop the division voluntarily through negotiation or a buyout.

Can a family owned property be sold without one members consent?

If you jointly own a property with your father, he cannot sell it (whether to a daughter or son). When the property is owned jointly, both owners are usually required to participate in the selling process. In the event of a dispute in the property, it may end up before a court.

What happens if a co-owner wants to give up his ownership rights?

A relinquishment agreement is a good option for co-owners who are willing to surrender their rights to the property. This allows for a smoother transfer. Legal heirs are sometimes asked to sign a deed in order to clarify the situation.

  
Answer #2
638 votes
You can file a partition suit and after declaration of title you can sell your part of the commercial property. This would depend on the nature of property as well. A co-owner is usually free to transfer his property interest. Essentially, when a co-owner sells his own interest, the buyer becomes a new co-owner, and tenancy in common continues.

Answer #3
690 votes
If there is notional partition and if you are in possession of your share and if your lease rights are transferable than you can transfer your share. But if you are in joint possession of lease hold property than you are required to file a suit for partition with possession. And only after that you will be able to transfer your share
Answer #4
741 votes
Hi,
You cannot sell an undivided share. File for partition suit before the Court and once the property will be partitioned, then you can sell your part of the share. If you are in dire need, then you sell the portion wherein you are staying and mention the fact that the property is undivided and is hereby selling out the portion which is in my possession.

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