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sunil Rathore   26 March 2021

Co-owner want to transfer his undivided share.

can a co-owner transfer a part of his share without other' connect.


 7 Replies

aditi srivastava   26 March 2021

respected sir,

The co-owner can sell or transfer his portion only when he has exclusive rights to that portion of the property. If the exclusive rights are not entitled to each co-owner, such transfer of rights cannot take place without the consent of other joint co-owners.If the immovable property transferred is not a dwelling house, the transferee can ask for the partition of the property to either use it or sell it off. The family who owns the rest of the property cannot oppose the move to sell or own the portion by the transferee.Section 44 says-
Transfer By One Co-Owner- Where one of two or more co-owners of immovable 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, so far as is necessary to give effect to the transfer, the transferors 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.

hope you find this helpful


Shashi Dhara   26 March 2021

Others consent is not necessary ,he has right to sell or transfer ,the purchaser can. File suit for partition.

Hemant Agarwal ( Mumbai : 9820174108)     26 March 2021

Originally posted by : sunil Rathore
can a co-owner transfer a part of his share without other' connect.


1. If Property is an single undivided property, THEN legally it cannot be sold /gifted /mortgaged /donated /whatever.... without the written consent of other co-owners.

Keep Smiling .... Hemant Agarwal 

P. Venu (Advocate)     26 March 2021

What is the nature of the property? You have not posted the complete facts.

sunil Rathore   26 March 2021

the property is a commercial plot and share of all owners is defined in sale deed

Dr J C Vashista (Advocate)     28 March 2021

When separate defined share is documented there is no problem in transferring / selling it.

sunil Rathore   30 March 2021

thanks to all for your valuable reply..

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