sale of co-owned lease hold property
raju
(Querist) 02 May 2010
This query is : Resolved
DEAR SIRS.
WE HAVE A LEASE HOLD PROPERTY WHICH WAS ALLOTED BY THE LAND AND DEVELOPMENT AUTHORITY.THIS PROPERTY IS IN JOINT NAMES OF MYSELF AND MY COUSIN..IS IT LEGALLY POSSIBLE THAT I CAN SELL OFF MY SHARE IN THE PROPERTY WITHOUT THE CONSENT OF THE CO- OWNER (I.E MY COUSIN )IN THE OPEN MARKET. (I WANT TO DO SO WITHOUT HIS KNOWLEDGE AND CONSENT}..PLEASE ADVICE .
THANKS AND REGARDS,
RAJESH
Dear sirs,
I am adding one more thing and that is that this property is co-owned but we are the only one residing in this property since past 40 years have the property is in our the sole possesion.My other co-owner has not even entered the property for last 40 years since we have been residing here along with our family all by ourselves..Please advice.
thanks and regards,
rajesh
R.R. KRISHNAA
(Expert) 02 May 2010
Yes you can sell. But you can sell only your share on the property only. Such sale will be valid. There is no need to take consent of your cousin.
Just because your cousin is out of the property for 40 years does not oust him of his rights over the property. Moreoever there is no adverse possession between co-owners(i.e, one co-owner cannot claim adverse possession against other co-owner to say that the other co-owner is out of the property for more than 12 years).
Surrender K Singal
(Expert) 03 May 2010
What would be the status of elder brother (of house-owner) who was residing with father till his death in 2008 and still continuing inspite of repeated verbal requests to vacate / make his arrangements, as the deceased father had clearly informed the owner (younger son) that no body after his death, would have any right to residence or adverse possession etc. in the owner's property ? What course of action could be advised under the circumstances ?
