May I sell my share in a property individually ??
Querist :
Anonymous
(Querist) 23 July 2011
This query is : Resolved
I am an allottee of a Delhi Development Authorities flat.My wife is co-allottee with me of this flat.
I wanna sell this property, but she is not agreed at all on selling it.
I have decided to sell off my share, which is undeclared, but becomes 50% automatically, as we both are allottees of this flat.(As I understand).
May I sell my share of this property without her consent? I have the possession of this property also, I am ready to hand over the possession of this property to the buyer also.
Is it legally possible ?
Won't she object upon handing over the possession to a third party without her con sent?
Does the sub-registrar has any authority to get the sale deed of such half ownership registered?
Please Help....
Devajyoti Barman
(Expert) 23 July 2011
Though you can sell your undivided half share in the property, in the context of impossibility for enjoyment of that share by the stranger no body would be ready to purchase your share.
THANKACHAN V P
(Expert) 23 July 2011
Legally possible but factually impossible as rightly said by Devajyothi. No one will be ready to invite a "headache"
R.Ramachandran
(Expert) 24 July 2011
While only the quantum of each party's share (50%) in the property is known, it is not known which 50% portion belongs to whom. Further more, the kind of property mentioned by you being a dwelling unit is incapable of being partitioned by metes and bounds. Therefore, the question of your handing over any definitive portion to any third party just cannot arise. Thus it is not clear on what basis that you say that "I am ready to hand over the possession of this property to the buyer also.". Do you assume that you have the key to the flat, you are in possession of the entire flat?
