Dispute in prorerty
amit vishnoi
(Querist) 24 February 2012
This query is : Resolved
Dear Sir/madam
My wife has a property in Ambah(MOrena)which is on the name of four people My wife ,her sister,her mother and her father.she had dispute with her father.Father now wants to sell his share of property as he has possession of the place there by the help of some criminals.My wife does not go there as he threats to kill her.Her mother also stays with us in mumbai,sister is married in Delhi.Is it possible that he can sell his share without the signatures of 3 other proprty holers and their concent.
Warm Regards
M.Sheik Mohammed Ali
(Expert) 24 February 2012
yes, he can sale his part of the share without any one sign and consent.
Deepak Nair
(Expert) 24 February 2012
I disagree with the view of Mr.Shik.
If it is an undivided property or where partition is not done, then all the four owners have equal right on the property. thus, to sell the property by one of the co-owners, even to the extent of his own share, the consent of other 3 co-owners are mandatory. No co-owner can sell any part of the property unless the partition is done and the shares are transfered to the respective owners.
Ghanshyam Prasad
(Expert) 24 February 2012
she can sale her share in property without consent of others.
Raj Kumar Makkad
(Expert) 24 February 2012
I do not agree with Deepak.
Any co-sharer can sell his share even without partition and can also provide possession to the buyer within his reach thus there is no need to have consent of other parties in this regard. There are numerous case laws in favour of my support.
Rajeev Kumar
(Expert) 24 February 2012
She can sell the proerty of her share. No need of any one cosent
V R SHROFF
(Expert) 24 February 2012
" Other experts pl read Question carefully"
Q: Is it possible that he can sell his share without the signatures of 3 other proprty holers and their concent.
Ans : NO. HE CANNOT.You claim, you want to purchase it.Get Injunction Order, directing to sell to you 3 , After all, it is joint property, not partitioned.
Adv.R.P.Chugh
(Expert) 24 February 2012
Agreeing with Ld.Mr.Makkad on this : he can always sell his part of the property to anyone, even against the will of the others. There is no bar upon sale though he could not have gifted (without consideration) in some schools of Hindu law without other's consent, the alienee (the person who purchases) who recieves the property would not have a right to joint possession if it is a dwelling house in which other people are residing (S.44 TPA) his only remedy is a partition. Other than that when he seeks partition - the other jt.tenants (other sharers like your wife etc) can choose to exercise their right of buying the property from the third person to protect the integrity of the house (Partition Act).
Another aspect that is to be looked at however if the family is joint - and the father is karta also - then in case of legal necessity and benefit of estate he can even sell the share of other people also. However it would be his burden of proof to prove the existence of circumstantial compulsion.
Raj Kumar Makkad
(Expert) 24 February 2012
There is no matter of possession in the given query so the applicability of section 44 of Transfer of Property has no application. This is a simple sell which a co-sharer without the consent of other co-sharers can sell.
amit vishnoi
(Querist) 25 February 2012
Respected all
What is the Remedy for this as we cannot go there because of life threat.Is there any Way we could put any stay on the sale or any other lagal procedure from Mumbai.
Please do let us Know as the Property was Purchased By my wife and she made her family members partners for their Economical Security,But as her Father wants to sell off the Property as is into bad habits of gambling etc already has ended up with allof his money.
Do please let us know what can be done.
Warm Regards
