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Selling co-owner property partially
19-Jan-2025 (In Property Law)
I need an advice about a family house built in 1943 and owned by 4 families. 3 out of 4 families are interested to sell the house while 4th family is not convinced. The builder advices that 3 families can sell the house partially.
I would like to check legal validity of below things.
1. Can co-owned property be sold partially if some partner doesn’t agree to the decision?
2. Without demarcation, is there a way to decide which portion of the property to be sold without consensus of 4th partner?
1. Co-owned Property and Partial Sale:
Under Indian property law, a co-owned property can only be sold with the consent of all co-owners unless the property is partitioned or divided into distinct shares. If one co-owner is unwilling, the remaining co-owners may file a suit for partition to determine their specific shares. Once partitioned, the consenting co-owners may sell their respective shares independently.
2. Sale Without Demarcation:
In the absence of physical demarcation of the property, the co-owners cannot unilaterally decide which portion to sell. Any sale without consensus is likely to be challenged in court by the dissenting co-owner. Until the property is partitioned or demarcated, the entire property is deemed jointly owned, and one party cannot unilaterally decide on the sale of a specific portion.
3. Legal Remedy:
The three consenting co-owners may approach a court for a partition suit. The court may order a physical division of the property or, if division is not feasible, order a sale of the entire property and distribute the proceeds among all co-owners as per their respective shares.
It is advisable to consult a lawyer to evaluate the specific facts, title documents, and applicable laws for a more tailored approach.
Jairam Chandnani, Advocate
Lexim Associates
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Adv. Jairam Chandnani
Mumbai | 5+ Answers
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