ANIL KADYAN (professional) 20 April 2021

Joint co owner in flat

if two person having joint equal sharing in residential flat in housing society , one who want to sell and another dont want to sell . flat partition is possible ? if yes then how plz tell in which condition

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4 Replies

Sankaranarayanan (Advocate) 21 April 2021

Better to solve the issues amicably. If not can file a suit for partition with the support of local lawyer

Dr J C Vashista (Advocate) 21 April 2021

The flat can not be sold without consent / permission of co-owner.

Pradipta Nath (Advocate) 21 April 2021

1. The property cannot be sold without concurrence of both the owner.

2. In case the property is partitioned or demarked on mutual settlement, please ensure to get a Memorandum of Settlement registered.

3. In case the owners failed to demark or partitioned the property mutually, better to file a partition suit and have a commissioner to get the demarcation for them.

4. After demarcation or partitioned, the property can be sold.