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selling property without other party consent
03-Nov-2023 (In Property Law)
My father and mother own a house together and my mother wants to sell the house but my father doesn't. My father has been out of the country for more than 8 years and he has not been financially taking care of the house, which leaves that duty to my mother and I. Since this pandemic occurred we are having financial issues on maintaining the house and we want to sell it but my father will not approve. Is there any possible way that my mother would be able to sell the house with my father being out the country.
Yes you certainly can sell your share in an undivided property without the consent of other co owners.
However you cannot sell specific demarcated properties before a proper partition.
The purchaser shall step into your shoes when you sell your share and it will be his duty to get the partition done in case he wants to establish ownership of specific property.
so far as your mothers issue of non maintenance is concerned you may file a maintenance petition and seek maintenance from your father
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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According the law, two or more person owners of immovable property legally competent in that behalf transfers his share of such property or any interest therein to the another person. so, you may sell your share of the property.
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Adv. Shikha Gupta
Delhi | 50+ Answers
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