Sale of undivided share in property

Boots (Querist) 06 May 2014 This query is : Resolved
Hello,

A property of two storied building with land is owned by 3 relatives in Delhi. The mutation is in their 3 names. There is no partition deed. Can one owner sell his/her undivided share to a third party without a partition deed? In the sales deed if the two other owners sign as witnesses, is that enough? What documents do we require?

Thank you!

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Devajyoti Barman (Expert) 06 May 2014
A co-sharers even without getting signatures of other co-sharers as witnesses can sell his undivided share in the property.

Boots (Querist) 06 May 2014
Thank you Mr. Devajyoti.

I understand; however, is there a no objection certificate needed from the other two owners? Or some kind of settlement deed?

Devajyoti Barman (Expert) 06 May 2014
If NOC is given then it is good for the buyer but it is not required.
The buyer should insist for such NOC, the seller need not bother about this.

Sankaranarayanan (Expert) 06 May 2014
Better to get NOC. As advised by mr barman

Rajendra K Goyal (Expert) 06 May 2014
NoC not must it is preferable.

Anirudh (Expert) 06 May 2014
Please go through Section 44 of the Transfer of Property Act.

Dr J C Vashista (Expert) 07 May 2014
I agree with Mr. Anirudh.
However, as advised by experts, an owner has every right to dispose of his/her share of property.
Partitioned or without a partition of the property is to be taken care at the time of handing/taking over possession of the part of property being transacted.

Guest (Expert) 07 May 2014
Your query with particular context of "owned by 3 relatives" does not give a clear picture. The question is whether the building is a dwelling house and belongs to undivided family of the three co-owners or not?

T. Kalaiselvan, Advocate (Expert) 08 May 2014
Agreed that a co sharer can sell his undivided share out of the property and if the buyer insists on NOC from other co-sharers, it can be produced.

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