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

734 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.

Advocate Sunil Kumar LawRato

868 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.

Advocate Manu Tripurari LawRato

605 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

Advocate Uzmi Jameel Husain LawRato

778 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.

Advocate Monica Manchanda LawRato