Selling of the flat - property
Pradeep Nandlal Dave
(Querist) 01 July 2014
This query is : Resolved
1)My friend's father has purchased the flat at Bhayander,Maharashtra State. 2)His father-himself alone has made a full payment by Cheque/s towards flat cost and related costs.3)In Purchase deed of the flat, he has put the names of i)himself, ii)his Son-Rajesh and iii)Wife of Son-Rajesh 3)Now he wants to sell this flat. 4)But his Son-Rajesh and Wife of his Son-Rajesh are objecting the sale of this flat. 4)Can my friend's father can sell the flat without the consent Or Signatures of his Son-Rajesh and Wife of Son-Rajesh. Please advice me at the earliest.
CAN MY FRIEND'S FATHER CAN LEGALLY -
a)sell a part of the flat,
b)mortage the flat or part of the flat,
c)take a loan from the Bank,
d)Can legally transfer/distribute his share of the flat to his children when alive Or after his death.
V.T.Venkataram
(Expert) 02 July 2014
Please note that irresective of who has [aid the money, the persons whose names are mentioned as purchasers in the sale deed,become coowners. Hence your friends father cannot sell the property without the knowledge and consent of his worthy son and wife of the son.
Rajendra K Goyal
(Expert) 02 July 2014
No he can not sell full flat without the consent/ signatures of all.
Pradeep Nandlal Dave
(Querist) 03 July 2014
Thanks for your valuable advice. Pleae guide me for:
CAN MY FRIEND'S FATHER CAN LEGALLY -
a)sell a part of the flat,
b)mortage the flat or part of the flat,
c)take a loan from the Bank,
d)Can legally transfer/distribute his share of the flat to his children when alive Or after his death.
T. Kalaiselvan, Advocate 
(Expert) 04 July 2014
for your subsequent questions:
1) He can sell undivided share of the property to he person who is willing to buy and wait for partition to happen;
2) mortgage to the extent of his share is permissible;
3) yes, he transfer his undivided share in favo of anyone he desires so even during his life time or after his demise through Will.
