Sale of property
VINOD KUMAR MALSARIA
(Querist) 06 February 2014
This query is : Resolved
FATHER & MOTHER EXPIRED, TWO SON UNDIVIDED SHARE IN ONE PLOT , CAN ONE SON SELL HIS SHARE IN PLOT WITHOUT CONTEST OF BROTHER
ajay sethi
(Expert) 06 February 2014
if it is an undivided plot file suit for partition for division of plot by metes and bounds . the Hon'ble Supreme Court held that an undivided share of co-sharers may be a subject matter of a sale but possession can not be handed over to the vendee unless the property is partitioned by metes and bounds amicably and through mutual settlement or by decree of a Court.
Advocate. Arunagiri
(Expert) 06 February 2014
Yes, co-sharer can sell his share with the consent and knowledge of the other co-share holder.