Sandbpunekar (Homemaker) 27 January 2021

Sale of share of plot to outside family members

I have 1/6th share in 3000 sq.ft plot in Municipal Corporation Area and my name is jointly registered on corporation record after demise of my father. One brother wants to relinquish his rights in favour of 5 brothers unconditionally and without getting value for his share. 5 brothers donot want this share from brother. Hence reconstruction scheme could not be proceeded in past 30 years.I now want my share to be sold to a person outside of family members. One another brother has occupied a house on this plot. All 5 brothers including interested in relinquishing his rights of share are are not residing in this plot and constructed home.Is it legal to sell my share to third person where boundries can not be defined and whether consent of 5 brothers is necessary for sale.

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Kevin Moses Paul 28 January 2021

Looking at the situation you're dealing with let me tell you that a 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.

Hence, a co-owner is eligible to sell his/her part of land to a third person/party, but if it is dwelling house than third person cannot take possession without partition and since there's no one dwelling in the house, you're at liberty to sell your undivided share in the property.

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Sandbpunekar (Homemaker) 28 January 2021

Thanks Paul sir for your valuable guidance. I have mentioned that One another brother has occupied a house on this plot. That means he is dwelling in house constructed on the said plot. Then am I able to sell my share in plot and house? Boundaries are not available for my share as it is a joint property inherited. Please guide in this situation.Once again thanks.