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Sale of jointly owned land without the consent of the partner
22-May-2023 (In Property Law)
Can any one partner sale land without consulting other partners and if he do so how can other partners stop him or take any legal action
Hello,
If the property is jointly owned by any person then consent of both the person is needed, no person can sale the flat without the consent of the other owner. If any person sale the flat without the consent of the other partner than you can take actions in following manner:
a) challenge the sale by taking civil action and by filing civil suit.
b) cheating and misappropriation of property if you want to take criminal action.
I would suggest to move from both side as this will always help to pressure the other party and which will lead to solve you problem in a expedious manner.
I would be Keen to know about the action taken by your side so kindly update us about the same.
If the property is jointly owned by any person then consent of both the person is needed, no person can sale the flat without the consent of the other owner. If any person sale the flat without the consent of the other partner than you can take actions in following manner:
a) challenge the sale by taking civil action and by filing civil suit.
b) cheating and misappropriation of property if you want to take criminal action.
I would suggest to move from both side as this will always help to pressure the other party and which will lead to solve you problem in a expedious manner.
I would be Keen to know about the action taken by your side so kindly update us about the same.
Helpful?
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198+
Adv. Urvika Shah
Mumbai | 25+ Answers
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Can I sell my share in a co owned property without the other owner's permission?
When the shares of co-owners have been stated specifically in the sale agreement, a co owner can sell their part without the consent of another co-owner. If the share isnt stated, a co-owner must ask the consent of the other before selling.
Can a joint property be sold without partition?
Although there is no law prohibiting the sale of an undivided share in a joint property, the buyer who does not physically partition the property cannot take possession.
How do I stop a joint property sale?
How to win a partition action. You can win a partition action if you want to sell your property. Either you get a court order or you force a voluntary sale. You can stop a sale by buying out the other owners or convincing them to stop the partition.
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.
Can I sell my part of a property that is co-owned without the permission of the other owner? All joint owners must consent. The transferee does not have the right to share possession of the property with the other co-owners if the consent is not obtained.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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.
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