selling of individual share of undivided property

Anupam SenGupta (Querist) 08 April 2016 This query is : Resolved
My uncle(bachelor) jointly owns a property with his younger brother(married and has a daughter). This undivided property is not an ancestral property. My uncle wants to sell his share of the undivided property to another person. Mutation has been done. The property area has been equally divided in the register of BLRO. Can my uncle sell his share without taking any consent of his younger brother. Or is it necessary to take his younger brother's consent. Because his younger brother will not let him sell the property as he wants occupy the whole property. Furthermore this property was bought in their name when they were students. Anyone else's names though is not mentioned here as a co-shareholder.

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Devajyoti Barman (Expert) 08 April 2016
Yes, he can sell his undivided share to anyone he chooses though it would be better if the transfer happens within the family.
Non partition of property is hindrance to sell undivided share of a co-sharer.
Go ahead.

Rajendra K Goyal (Expert) 08 April 2016
One can sell his undivided share in the property.

Rajendra K Goyal (Expert) 08 April 2016
Repeated query:

http://www.lawyersclubindia.com/experts/selling-individual-share-of-undivided-property-which-is-not--592816.asp#.VwepAPl97IU