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Keysguitar (Musician)     21 October 2013

Can we sell our share

My grandparents died a few years back & left behind 5 daughters,the eldest being my mom.The fourth daughter is living in our grandparents self earned property & has all the original property documents.This fourth daughter is unwilling to come to any settlement of the property.My mother filed a partition suit in civil court & the court has declared that all the five daughters are entitled to equal share in the property.But we need to file another suit for the court to partition the property.Now can my mother sell her share alone in that undivided property to any third party ? Is it legal ? Has a thing like this happened before ? We only have the certified copies of the documents of the property as the one who is living in the property has the original one.Pls advice in detail.

 2 Replies

Advocate Rohit (Advocate)     22 October 2013

you cannot sell the undivided share of your property till the division of the property is demarcated properly. how the proposed buyer will come to know what exactly is his/her property???? further no one will pay without knowing what they are being offered exactly.


Hope this should clarify your doubts.


further, you may apply to the court for auctioning of the property and the proceeds received should be divided among of the siblings.



Advocate Rohit Dalmia


1 Like

bhagwat patil (Property due diligence 9422773303)     28 October 2013

If buyer is ready to purchase undivided share you can sale.its legal. The purchaser may negotiate or litigate for demarcation and partition.we have purchased many agricultural lands this way. The co owner generally cooperates third party and expects monetary benefit.
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