Undivided property
Suhita Mukherjee
(Querist) 10 January 2024
This query is : Resolved
Dear Sir,
My father died leaving aside his two daughters viz myself and my younger sister
is not co-operating can I sell 50 percent share of property. Property in question consists of two storied building where Electric bill is made in my younger sister's name in the first floor. Property is in Kolkata.Or how I can dispose of my share of property.
With regards,
Suhita Mukherjee
kavksatyanarayana
(Expert) 10 January 2024
Whether your mother is alive or not and other legal heirs if any is not stated. if your father died intestate all the legal heirs of your father shall distribute the property and each individual can sell the property.
Advocate Bhartesh goyal
(Expert) 11 January 2024
You can sell your undivided share in property , no restrictions but buyer has to seek partition of property. It will be more better that first you get partitioned the property through court by metes and bounds then sell property.
then s ,ell property.
P. Venu
(Expert) 11 January 2024
On the demise of the father, the property is jointly vested with the legal heirs i.e the mother and the children. Transfer of property by one co-owner is governed by the provisions of Section 44 Act of the TP Act. Facts posted suggest the property to be a dwelling house belonging to an undivided family. If so, there are constraints for the transferee to have joint possession or enjoyment.
"44. Transfer by one co-owner.—Where one of two or more co-owners of immoveable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires as to such share or interest, and so far as is necessary to give effect to the transfer, the transferor's right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting, at the date of the transfer, the share or interest so transferred.
Where the transferee of a share of a dwelling-house belonging to an undivided family is not a member of the family, nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house"
T. Kalaiselvan, Advocate
(Expert) 13 January 2024
If you want to sell a particular share identified as your share in the property then you may have to get it partitioned either by mutually agreed conditions amicably or by filing a suit for partition through a court of law.
