Jayanti Devi (Student) 19 November 2017

Can son sell his share of joint property

Father has bought flat in name of both sons (mother/sister alive)- probably this is allowed under benami transaction.

Father expired stating in will to bequeath it to one son (will not probated)

Can other son sell his share of property to a third party ?

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Advocate Bhartesh goyal (advocate) 19 November 2017

Father had no any right to bequeath the property which was not belong to him.it is immaterial that father had brought the flat in name of sons so he was owner of the flat. After came into force of Benami Transaction Act 1988, a person who's name the property has been purchased will be deemed actual owner of property.both son has equal right and share in property and can transfer their share as per their wish.mother and sister Canot claim any share in flat.

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Jayanti Devi (Student) 21 November 2017

But would selling to a third party create a posession issue for the other ? Is that allowed in a HUF ?

If et all, there is a posession issue, can the other son buy it at market rate?

And, if the other son does not have capacity to buy would the court order sale in a partition suit?