Sale deed

Md Abdul Kadher (Querist) 31 October 2014 This query is : Resolved
A muslim father, one of the co-sharer sold his entire share in a joint property of co-sharers to one of his son. Whether s father can make a sale deed with his son?

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Devajyoti Barman (Expert) 01 November 2014
If the father has more heirs than the beneficiary son then the entire share can not be transferred in the name of said son unless other heris gives consent to it.

Anirudh (Expert) 01 November 2014
Please indicate who are the other co-sharers of the joint property, other than your father. Please also indicate their relationship to your father.

Rajendra K Goyal (Expert) 01 November 2014
A father can sell property up to his share to his son.

M V Gupta (Expert) 01 November 2014
The legal position set out by Shri Burman applies to disposition by will by a Muslim, and not to his right to dispose off during his life time. In my view the father in the given case can legally dispose of his share in the Jt property. Consent of other sharers is not necessary.