Sale of undivided share
Snehal Gaikwad
(Querist) 17 June 2015
This query is : Resolved
My grandfather died in year 2001. After his death, agricultural land was inherited by my mother, her sister and my grandmother in equal share. However, there was no partition. In year 2006, my grandmother sold her undivided share to her brother's son under coercion and undue influence as she was residing with him.
In sale deed, it is mentioned that the possession is given to the buyer by grandmother. However, possession is still with us.
Kindly guide:
1. What is the remedy available to grandmother.
2. Can buyer take possession of his share as property is not partitioned.
3. Is the sale made by grandmother valid.
4. Can the undivided share in jointly held property be sold.
B K Raghavendra Rao
(Expert) 17 June 2015
How could a sale take place of an undefined portion of the property. Immediately after the death of your grandfather, your mother, her sister and your grandmother become joint owners of the property being legal heirs. Without partition, property that fall to the share of each one cannot be identified and separated. So, sale is bad in law. Here, in the instant case, possession does not occupy prime place as the sale itself is in clouds.
malipeddi jaggarao
(Expert) 18 June 2015
1. She is not seeking any remedy. You are only seeking remedy. If she has sold her share of undivided property by regd.sale deed, there is no remedy left with.
2. The buyer cannot identify the property hence it is difficult to take possession without partition. The interest in the share of property is only transferred to buyer and his title is limited to the the extent of interest till the property is partitioned. However, he is entitled for his share of revenue if any.
3. Undivided share can be sold and if she sold the property by registering a sale deed, it is valid.
4. Reply as above.
I differ with the opinion of Expert Shri Raghavendra Rao.
Anirudh
(Expert) 18 June 2015
A very perfect and clear answer by Mr. Malipeddi Jaggarao.
Snehal Gaikwad
(Querist) 18 June 2015
Can the buyer come and cultivate the land in this case as his share is not demarcated.
Anirudh
(Expert) 18 June 2015
Suppose, she had not sold it, what would have been the position - as regards cultivating? Whether each of the three parties were cultivating separately or jointly? If they were cultivating separately how and what basis and in which portion of the property?
If they were cultivating jointly, then how the expenses and revenue were being shared?
Please mind it, the person who purchased 1/3rd share can seek partition in a court of law.
Biswanath Roy
(Expert) 21 June 2015
REPLY :-
1. Grand mother can very well sell her one third undivided share in the property but cannot give possession to Vendee till the property is partitioned either by consent of all the share holders or by court of law.
2. No.
3. Yes, sale of one third share is valid.
4. Yes. ( vide Supreme Court Judgement)
RAMDAS Vs. SITA BAI & ORS.
CIVIL APPEAL NO. 6508 OF 2005
Order dated 29th. May,2009
Bench - Justice Mukundakum Sharma & Justice B. S. Chauhan
