Selling of a share of joint property without noc from others

This query is : Resolved 
 

(Querist)
01 August 2020

1) I have a 1/5 th share of a joint plot (ancestral property) in Chennai. Can I sell my share to a third party without NOC from the other co-owners? All the co-owners are family members.
2) Will the result be any different if the above-mentioned property is not an ancestral one, but jointly bought by all the family members


Rajendra K Goyal (Expert)
01 August 2020

You said:
1) I have a 1/5 th share of a joint plot (ancestral property) in Chennai. Can I sell my share to a third party without NOC from the other co-owners? All the co-owners are family members.

Reply:

You can sell your portion in the ancestral property. It would be better to get the property partitioned. There is no need to get NOC from other co-owners who inherited property with you.

In case of ancestral property all your legal heirs would be having share by birth as coparceners. In such case they would also be party in sale deed.

Rajendra K Goyal (Expert)
01 August 2020

You said:
2) Will the result be any different if the above-mentioned property is not an ancestral one, but jointly bought by all the family members

Reply:

In such case you can sell your undivided portion in the property.

niranjan (Expert)
01 August 2020

I think no. when the plot is jointly owned, you cannot induct stranger other than family member and even if we think that you can sell legally would not be advisable will create dispute in family.

kavksatyanarayana (Expert)
01 August 2020

As per me, you can sell your 1/5th share to other people.

Dr J C Vashista (Expert)
02 August 2020

Same query was posted earlier at https://www.lawyersclubindia.com/experts/sale-of-property-with-unregistered-partition-deed-720606.asp
It is ridiculous and absurd to repeat the story time and again.

Ra Ma (Querist)
02 August 2020

@ Vashista, Sir, With due respects, these two queries are different. The current query is about sale of share in an ancestral property Vs purchased property and if there is any difference due to them. The current query is for an empty non-partitioned plot, whereas the previous query related to a property with houses built on them with an unregistered partition and with an implied accepted partition.

Rajendra K Goyal (Expert)
02 August 2020

Requirement of ancestral property are:
The property should be four generations old &
It should not have been divided or partitioned by the previous three generations.
Please confirm whether property referred in your case satisfy the requirement of ancestral property.

P. Venu (Expert)
02 August 2020

the posting suggest deeper issues. Please post complete facts.

Ra Ma (Querist)
02 August 2020

@ Rajendra K Goyal, The property was originally bought by my grandfather. Then it came to my father and his brother. They as well as my mother and aunt are no more. The legal heirs for them are myself, my brother and 3 of my cousins. The property has never been divided or partitioned since purchase

Rajendra K Goyal (Expert)
02 August 2020

Property does not seem to be ancestral.

Advocate Bhartesh goyal (Expert)
03 August 2020

You can sell your undivided/5 share of property to any one but can not legally handover possession to him until and unless property is partitioned.

Shilesh Patel (Expert)
04 August 2020

Agree with the expert adv. bhartesh goyal sir.



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