Third party sale

shyam lal (Querist) 09 August 2021 This query is : Open
As per the registered WILL,a coshare holder of the undivided property has to give one months notice to other coshare holders before selling his share to a third-party ,query is if no notice is given & sells his share,what are legal consequence's.

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If a co-owner sells their share of an undivided property to a third party without providing the mandatory one month's notice to other co-owners as stipulated in a Will, the sale may not be legally valid. A court could potentially cancel the sale deed and restore the property to its pre-sale status if the notice requirement is not met.

Advocate Bhartesh goyal (Expert) 10 August 2021
Other co sharer may file suit for injunction against seller and get him restrained that until and unless whole property is not divided by meets and bound, possession of sold property be not delivered to buyer.

P. Venu (Expert) 10 August 2021
There are no legal consequences. Once the property has been duly vested, the conditions of the Will lose their efficacy

kavksatyanarayana (Expert) 10 August 2021
I opine the co-sharer can sell his undivided and unspecified 1/2 share to a third party.

shyam lal (Querist) 11 August 2021
Dear expert Satyanarayana ,my query mentions about legal consequences.of sale of share with out giving notice to rest of the coshare holders ,a reply to this specific query would be highly appreciated.

K Rajasekharan (Expert) 11 August 2021
If a Co-owner sells his share of property devolved on to him based on a Will, without following the mandatory prescriptions in the Will itself, it is not at all a legally valid selling.

A sale happens or culminates as a lawful sale only when the seller follows everything prescribed in law or other legally valid documents.

If a Co-owner files a suit in such a context, the court can outright cancel the sale deed which was created without following the due procedure of law.

It seems no court will hesitate to cancel the sale deed between a seller and a buyer who have no regard for law and bring the pre-sale status quo in regard to the undivided property.

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