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Joint property without partition.Co sharer sells a part by metes a
04-Jun-2023 (In Property Law)
A co sharer of a jointly held property ,without any legal partition ,sells a
specific portion by metes and bound with possession. Legal status of such sale and what are the laws applicable ?
Such sale without the obtainment of an NOC from the co sharers of the property is devoid of legality and is liable to be set aside. Expeditious action must be taken in this situation. More details needed for an effective opinion.
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Adv. Tushar Kumar
Delhi | 200+ Answers
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Query perused. You should challenge the sale since it is an invalid sale. As per TPA the co owner can sell the property as per section 44 but only after the valid partition. The transferre shall have the right to enter up on the property only after seeking partition decree by metes and bounds. For further consultancy and legal services you may contact us.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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