How to sale share in joint rights in inherited plot+home
Sandbpunekar
(Querist) 28 January 2021
This query is : Resolved
I have 1/6th share in 3000 sq.ft plot in Municipal Corporation Area and my name is jointly registered on corporation record after demise of my father. One brother wants to relinquish his rights in favour of 5 brothers unconditionally and without getting value for his share. 5 brothers donot want this share from brother. Hence reconstruction scheme could not be proceeded in past 30 years.I now want my share to be sold to a person outside of family members. One another brother is residing/dwelling in a house constructed by father on this plot. All 5 brothers including interested in relinquishing his rights of share are not residing in this plot and constructed home. Is it legal to sell my share to third person in this joint property where boundries are not defined/partition is not made and whether consent of 5 brothers is necessary for sale.
Query is restructured.for better understanding and getting valuable guidance.
K Rajasekharan
(Expert) 29 January 2021
It is perfectly legal for you as a co-owner to sell your portion or percentage of share to another person with all its rights and interests without the consent of the co-owners.
But if the boundaries are not defined and partition is not made he cannot take possession of it or enter a dwelling house if there is any.
He will have the title of the share he purchases till the partition takes place and after that he can do whatever with his share of property. Till the partition takes place which part of the property belongs to which person is not specifically determined. That is the problem in such case.
Sandbpunekar
(Querist) 29 January 2021
Thanking you K Rajasekharan Sir. I hope purchaseer of my share will get same rights and treatment in case of partition/ Redevelopment scheme or sale of plot+house in future and I can sell only my 1/6th right in the property now.Thanks.
K Rajasekharan
(Expert) 29 January 2021
Not only rights, but the liabilities also, if any.
That's what I tried to say in the reply message.
He would be stepping into your shoes in this regard.
K Rajasekharan
(Expert) 29 January 2021
Partition, though it is an old topic, is a subject on which many advocates, judges and courts make fundamental mistakes of elementary nature, as it is seen from the judgements around us.
That is why a Delhi high court judge, probably Gita Mittal, in the recent past consolidated the major points of law of partition in a judgement.
The essential points of that judgement and some other prominent judgements I consolidated into an article on partition which is linked below.
It seems even a layman must have better reading and understanding of the law nowadays.
So it better if you have some vague understanding of law of partition as well, in this regard. Your buyer would have to face the legal process of partition sooner or later.
This learning becomes necessary because we live in a country where the constitutional court say groping a child over her dress is not aggravated sexual assault creating shock waves in the mind of every sensible person.
https://www.lawwatch.in/2020/03/14/Partition%20Suit%20Its%20Principles%20&%20Practices/index.html
Dr J C Vashista
(Expert) 30 January 2021
Repeated at https://www.lawyersclubindia.com/forum/sale-of-share-of-plot-to-outside-family-members-215130.asp
Sandbpunekar
(Querist) 30 January 2021
Rajshekharan sir, received most perfect guidance. Thanks.
Guest
(Expert) 30 January 2021
Refer the Reply in 4th Post --Last Para -- The Statements confirms the Effects of undermining respect for the administration of Justice falls with the Law od Contempt.
