Property sold without partition what legal action can be taken ?

854 votes

Section 7 of the Transfer of Property Act, 1882 provides that every person competent to contract i.e. a major and of sound mind or is not disqualified by law for contracting. Therefore even the interest of a co-owner or co-sharer can be sold, mortgaged, leased to another co-sharer or to a stranger. The fact that the partition has not taken place by metes and bounds , does not stand in the way of the interest of a co-owner.

According to the law prevailing in some areas, a coparcener of a Hindu Joint Family can alienate his share in the Joint Family Property for consideration. Such a coparcener is a legally competent person. But in some cases of Mitakshara coparcenary, the consent of other coparceners is required before any such transfer.
Also, where one co-owner is in exclusive possession of a plot of a joint land and lets it out to a tenant without the consent of other co-sharer landlords, such a tenancy will not bind the latter. The lease in such a case will only be confined to the interest and share of the lessor.
Now as you have stated that you sold a property without partition, so now you have sold your share as well as other co-owners' share in the property. Now you have to settle it with the other members who are joint-owners in the property or can claim their share over the property. You are now required to settle the amount equivalent to the market price of their share in the property.
In case if you do not compromise/settle it with the other co-owners then, they have the right to move to a civil court for partition as they have all the rights to claim their share over that property or they can ask for monetary compensation as well.
Although, something still can be done, For further queries consult.

Advocate Siddhant Sharma LawRato

675 votes

If without prior notice to other co sharer, you can file suit exercising your pre emption right and in that case court can direct the sale invalid and give you a chance to buy the said undivided property.

LawRato LawRato

806 votes

You will have to get an injunction on posession asap. After which you may contest your claim through a partition cum title suit properly. All papers and title deeds qre relevant and it is difficult to vertainly state the way out without a look at the papers.

Advocate Saptarshi Banerjee LawRato

970 votes

One or more co-owner can sell his/their share without partition or demarcation without consent of others.But others owner can file a suit for preemption right to restrain stranger. Here is the provision of laws:

Section 44 in The Transfer of Property Act, 1882
. Transfer by one co-owner.—Where one of two or more co-owners of immoveable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires as to such share or interest, and so far as is necessary to give, effect to the transfer, the transferor’s right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting at the date of the transfer, the share or interest so transferred. Where the transferee of a share of a dwelling-house belonging to an undivided family is not a member of the family, nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house.

Section 4 in The Partition Act, 1893
Partition suit by transferee of share in dwelling-house.—
(1) Where a share of a dwelling-house belonging to an undivided family has been transferred to a person who is not a member of such family and such transferee sues for partition, the court shall, if any member of the family being a shareholder shall undertake to buy the share of such transferee, make a valuation of such share in such manner as it thinks fit and direct the sale of such share to such shareholder, and may give all necessary and proper directions in that behalf.

(2) If in any case described in sub-section (1) two or more members of the family being such shareholders severally undertake to buy such share, the court shall follow the procedure prescribed by sub-section (2) of the last foregoing section.

Advocate Minansu Bhadra LawRato

209 votes

In India, the sale of ancestral property without a proper partition can lead to legal complications. An ancestral property is typically undivided and shared among multiple family members. Here are some key points and legal actions that can be taken in such cases:

1. Partition Deed: To avoid disputes, it is advisable to initiate a partition deed. A partition deed is a legal document that divides the property among co-sharers, specifying each person's share. This deed should be registered to make it legally valid.
2. Sale Without Partition: Selling a specific portion of an ancestral property without a partition deed is legally complex. It's important to note that co-sharers should ideally reach a mutual agreement and draft a partition deed before any sale takes place.
3. Co-Sharer's Rights: Co-sharers have the right to prevent the sale of the property without their consent. If a co-sharer sells their share without proper consent or without a partition, legal action can be taken against them.
4. Legal Recourse: If a sale occurs without proper partition or consent, affected co-sharers can approach the court to challenge the sale. Legal remedies may include seeking a stay order on the sale or filing a suit for cancellation of the sale deed.
5. Undivided Property: An undivided property can be sold, but it's crucial to follow legal procedures and ensure that all co-sharers are in agreement or that a partition deed is executed.

In conclusion, selling ancestral property without a partition deed can lead to legal disputes. It's advisable to consult with legal experts and ensure that all legal procedures are followed to avoid complications and protect the rights of co-sharers.

Advocate Chikirsha Mohanty LawRato

368 votes

Only with the consent from the descendants should the property of the paternal relatives be sold. These properties cannot be sold without consent. It can be recovered by filing a lawsuit for partitioning in court. If their share of the share was denied, they can also send a legal notification demanding their rights.

Advocate Chikirsha Mohanty LawRato