Sale of jointly owned property
lalit
(Querist) 03 September 2013
This query is : Resolved
Sir, 10 years ago I bought a plot of land jointly with my brother. The sale deed does not mention the exact share of each of us. A few years later we constructed a house over the plot. Now i want to sell my share of the undivided property (the house) to somebody else. Can I execute a sale deed without my brother signing it. If no, then is there any other way (for example a gift etc.) to transfer my share of the above undivided property to somebody else without my brother signing the required deed ?
Nadeem Qureshi
(Expert) 03 September 2013
Dear Lalit
you can file a civil suit for partition against him and after partition you can sale the property.
if the purchaser is ready to take a risk then you can sale you share to him/her without your brother's signature. there is no restriction upon you.
Rajendra K Goyal
(Expert) 04 September 2013
Try to have a family settlement, if not possible file suit for partition.
ajay sethi
(Expert) 04 September 2013
take your brother into confidence . offer to sell him your share . if he refuses then with his consent sell to third party .
