About ownership issues in jointly owned property

malathi sharma (Querist) 21 July 2014 This query is : Resolved
Sir,
A and B together want to buy a plot of land with the following condition in the sale deed: "Whenever they will sell, they will sell the plot jointly and will not sell their shares separately."
My questions are: (1) Is it possible to execute a sale deed with such a condition.
(2) Few years later, Mr. A argued that the above condition was only for selling the entire plot. So he could sell his share of the undivided property to a third person C. Will the court allow him to do so.
(3)If the court did not allow him to sell his share of the undivided property , A argued that the above condition was only for the undivided property, so he moved the court to partition the plot and then sold his share of the divided property to C. Will the court allow him to do so this time.
(4)We know that a sale deed is a deed between a buyer and seller. So who according to the law will be assumed to have imposed this condition , the seller? or the buyers mutually on each other (given that nothing is written in the sale deed about who wants this condition to be imposed and why)?
(5) If according to the law the seller will be assumed to have imposed this condition will the transfer of property in this way be called a complete transfer. A argues that given the above condition , the seller still has some interest in the property. So, if after 10 years A somehow obtains consent of the seller and then sells his share of the (divided or undivided) property to C will the court allow him to do so this time.
(6) What should A and B do to prevent each other from selling their shares separately or even partition the property, given that they have to use only the sale deed for this purpose.
Please answer all the above questions.

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SURESH BV, Advocate (Expert) 21 July 2014
Ms.Malathi Sharma,

Any Sale Deeds can/shall not have such a conditions. If the property is purchased by A and B jointly, then both will have joint, equal and in-seperable right over the property. To prevent any mis-understanding between A & B they can enter in to Memorandum of Understanding before the purchase of property. After the purchase let them enter into a Registered MOU among themselves about the terms and conditions, within the ambit of law.

Devajyoti Barman (Expert) 21 July 2014
1, No, as agreement in restraint of sale is void.
2. He can do, no need of court permission.
3.He has right of partition at any point of time.
4.ACADEMIC QUERY
5. ACADEMIC QUERY
6. suit FOR INJUNCTION