Sell out our share from joint property

mahesh (Querist) 27 September 2011 This query is : Resolved
dear sirs,
My father and my late uncle bought a land which is allotted jointly in mathura.
we made 2 portions on that land one for our family and other for my late uncle's family and we have been living there for 15 years.
Now we want to sell our share without the consent of my late uncle's family..
we have every thing separate like electricity connection.

Can we do so please advice..
Thanks and Regards

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prabhakar singh (Expert) 27 September 2011
If the area of your share is separated in SUCH A WAY from that of your uncle THAT THE TWO PORTIONS DOES NOT LOOK JOINT NOR CAN BE USED JOINTLY,may be partition was ORALLY arrived at between you two,SUCH AN ORAL PARTITION IS LAWFUL AND VALID ONE.

Therefore you do NOT NED CONSENT OF YOUR UNCLE AND CAN SALE IT ON YOUR OWN.

Guest (Expert) 27 September 2011
a co sharer can sell his share from the joint property and you are living already separate from your uncle with possession of the diffrent portion and which shows the property is already partitioned on the basis of oral family settlement and you can sell your portion in the share with possession

M.Sheik Mohammed Ali (Expert) 27 September 2011
yes, i do agreee expert query reply

Chanchal Nag Chowdhury (Expert) 27 September 2011
U may sell your portion of the property & there is no need for consent unless there is any local law giving pre-emption rights to a co-sharer.

Raj Kumar Makkad (Expert) 27 September 2011
No problem dear. Go ahead and dispose off your share as per your whims and wishes without any interference from any quarter.

mahesh (Querist) 27 September 2011
thanks sir u released pressure from my mind

Sell out our share from joint property

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