LawRato

Part of Leasehold Property sold by relative, is it legal


18-Dec-2023 (In Property Law)
Dear Lawyers Community. One of our relatives, widow to a legal heir of my late grandfather has sold off the part where she lives to a builder without informing the other legal heirs. The property is Lease Hold. We couldn't find a copy of the Sales Deed anywhere online or with authorities but she claims she has sold it off. And with the money she has received, she has purchased a property in the same locality which is quite unaffordable for her. We were able find the registration of this property she has purchased on the registration portal. My questions are - can she sell off the property or her rights without the consent of other owners of a Lease Hold, can this be challenged? How can we stop the builder from poaching into rest of the property. Can we legally challenge her purchase of the other property she has purchased as she doesn't have any source of income except selling off her property, as this has also emboldened the builder to threaten the other owners.
Answers (2)

Answer #1
504 votes
She cannot sell her portion until the sand is divided mutual via family settlement deed or via court partition ! U need to hire an expert advocate in this regard n file suit for partition possession etc
Plz be in touch
Helpful? LawRato LawRato
People also ask

Can leasehold property be transferred?

What is Leasehold Rights Assignment? Assignment of leasehold rights refers to a transfer of the rights or interest in a leasehold on land from one party to another. The assignment of leasehold rights on land involves the transfer from one party to another of the rights and responsibilities associated with the original lease agreement. 02-Jun-2023

How do I convert my lease to freehold?

The lessee must first acquire ownership in order to convert a leasehold into a freehold. Important documents, such as the search report, sales agreement and sale deed, are required. If your property is located on government-leased land, you will need to get permission from the authorities. 07-Jun-2021

Can I sale leasehold property?

A leasehold property can be sold in the same way as any other type of property. Selling such properties may require some complicated paperwork. If the lease period is longer, it is easier to sell the property. A short lease tenure can make it difficult to find a buyer. 17-Apr-2023

Who is the actual owner of leasehold property?

Leasehold property is property that has been leased out to another party. Lessee is the term used to describe the person leasing the property. The lessor is the owner of the property. Leasehold property is the property being leased by the lessor to the lessee. 17-Nov-2022

  
Answer #2
723 votes
Hello Sir. This is Adv. Shrikant Samantara.

One may sell his/her share in the co-owned property to any purchaser, however the said purchaser cannot take possession of such property, until and unless a partition decree is passed in his/her favour.

Feel free to contact for further enquiries.


Regards.
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."