Can i sell partly house
Kunal Shah
(Querist) 09 June 2014
This query is : Resolved
Hello Sir,
My father owns a house of nearly 4400Sq.mt. in very good area of our city. As its too old, the condition of house is now not so good. And we are not in a situation to afford the cost of re-constructing the house.
Our Soc. is Co-operative Housing Soc.
To overcome from financials issue and also to re-built our house, we thought to sell 50% of out total plot.
Out total plot area is nearly 4400sq.mt. and built-up area is around 1300sq.mt. Property Card contains my fathers name and also the Soc. Share certificate has my fathers name.
My Question is "Can we sell a part of our total plot area which may contain some part of built-up area?
As some of my relatives and colleagues said us that as it is Co-operative housing soc. you can't sell few of you share certificate and so on part of your house (and plot).
Can you please advice us. and if it is possible to sell part of our property then under which provisions we can do so?
Devajyoti Barman
(Expert) 09 June 2014
Yes, you can indeed sell any part of your property.
Society has nothing to do with it.
Rajendra K Goyal
(Expert) 10 June 2014
Consult a local lawyer and show him all documents, society bye laws etc.
On the face you can sell.
malipeddi jaggarao
(Expert) 10 June 2014
First of apply to the society for transfer of share certificate and Property card in the name of all legal heirs enclosing the legal heir certificate/succession certificate. Once the transfer is over, legal heirs have absolute rights to deal with the property.
T. Kalaiselvan, Advocate
(Expert) 13 June 2014
There is no bar in selling apart/portion of the property provided other formalities are observed properly.