Sale of share in undivided property

Querist : Anonymous (Querist) 13 May 2010 This query is : Resolved
A partition suit is pending over ground floor of the house my father built,after he died intestate.I'm absolute owner of first floor after my father gifted me roof right.I want to sell my first floor.
1.If the buyer agrees,can I sell my share in undivided ground floor to him?In such case,is the consent of my mother and sister(other parties for partition)necessary if the buyer agrees to buy my share in undivided ground floor along with my legal liabilities in the partition suit?Do they have to be witness to this deed of sale with transfer of legal liabilities?
2.If I decide not to contest this partition suit,what will happen?What will be the legal course of such a case if defendants do not contest the case?

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Raj Kumar Makkad (Expert) 13 May 2010
If there is no stay order in operation qua the alienation of the property then you can sale your undivided share as per your desire without obtaining the consent of other shareholders. You shall be replaced by subsequent buyer in the partition proceeding.

G. ARAVINTHAN (Expert) 19 May 2010
1. you can sell first floor separately

2. You have to necessarily contest the case and if not, they will get decree for partition and separate possession

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