Selling a jointly held property by a co owner
ANAND JAIN
(Querist) 13 March 2026
This query is : Resolved
hv a simple question.
Iam a 90 % disabled person with no ability to walk.
My mother died 5 yrs back. in May. we are 4 sisters and 1 brother.She left a detailed WILL on how to divide the property. This question pertains to the division of the plot or land. The concerned translated portion of the WILL is as under:
2 sisters r nri.
I decide through this WILL that the property of the plot as mentioned above should be given to all the four daughters and son in an equal proportion, which means they should become co-owners of the above property of the plot. But in future, due to any reason any of my son or daughter may expire, then the remaining alive heirs can distribute amongst them the above property of plot with their mutual consent, and they will be deemed as independent owners, and in this regard, my son or daughters or any third party and their heirs cannot create any objection or dispute, and if they will create such dispute or objection then it would be treated as null and void by virtue of this WILL. now, after 6 months i.e in the month of december, one of my sister passed away.
Now one of my sister says tht she hs sold off her portion of the plot to some buyer. the plot hsnot been divided. ALL the original papers r with me. they jst hv whtsapp copy. the nri sisters want some time to update their official papers.
can a coowner go and sell his portion without the consent of others and tht too without papers.
if this is legally permitted then i too shld go and sell it. the rest 2 wld follow later on.
Is this step legally valid because she claims tht her husband was a supreme court lawyer and hence understands law better. Actually, the prices of the plot hv increased. She is refusing to wait for remaining 2 and me. The buyer is now pressurising me to sell my portion to him through the same route.
i shall be thankful if u learned lawyers can throw some light and guide me.
ANAND JAIN
P.S: the plot is in my mom's name as of today.
Read more at: https://www.lawyersclubindia.com/experts/mother-s-will-744696.asp
T. Kalaiselvan, Advocate
(Expert) 14 March 2026
A co-sharer can sell her/his undivided share in the property owned jointly provided they have proper documents to prove that he or she has got rights for her/his share in the property, if not such a sale is illegal and invalid.
There is no compulsion on you to sell your share in the property hence you can refuse and ask him to proceed through court where you can challenge the share of property already sold stating that she cannot sell a particular portion of property without proper partition among the shareholders.
Dr. J C Vashista
(Expert) 15 March 2026
The undivided share can be sold by share-holder without specifying its boundary, if the vendee (purchaser) has agreed.
kavksatyanarayana
(Expert) 16 March 2026
It is better, in my opinion, that the legal heirs of the property may divide the property and then each party may make any transfer, sale, or gift, etc. for their shares.
ANAND JAIN
(Querist) 18 March 2026
A real estate agent/lawyer told me tht no outsider wld purchase the undivided plot of ur sister. The plot hs been probably sold off to her husband. It hs been done to wriggle out of survival clause in the WILL of ur mother. CLD this be the reason for her this sudden move /
Dr. J C Vashista
(Expert) 19 March 2026
Law do not recognise any probability qua transfer of title, accordingly presumption of any eventuality has no room to form an opinion and oblige.
Regarding contents of the document of will stated to have been executed by your mother, which you have introduced first time in the query/ question paper cannot be presumed without its perusal. It is advisable to show the document to a local prudent lawyer for proper analyses and professional advise.
The language used in your post is beyond understanding by a layman even majority of legal experts on this platform. Be clear and redraft if you are an aggrieved / affected person.
ANAND JAIN
(Querist) 19 March 2026
Thank you all for ur valuable replies.
P. Venu
(Expert) 20 March 2026
To my knowledge, the condition, as stated, in the Will is void.
