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Mahesh Rana   23 August 2018

Joint property

Hello to everyone !

Can my chacha sell his share of land from the joint holding of land, that belong to my grandfather, Father, Chacha (who wants to sell) & myself.

If NO thats fine, but if YES then how to stay the proceeding before the land is devided among ourselves. 

Chahcha name is ravinder singh (as can be seen in attached fard)

Regards,

Mahesh Rana

9877676399



Learning

 2 Replies

kirti kabra   23 August 2018

EXPLANATION OF SECTION 44 TPA, 1882 ( With reference to Section 4 of the Partition Act, 1893)
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.

you can appeal in the court for the stay proceedings and further actions. This can be done by the other co-owners of the proceedings

R.Ramachandran (Advocate)     23 August 2018

Dear Kirti,

You have very correctly quoted Sec. 44 of the TPA.
That Section permits the Co-owner to transfer/sell his/her share in the property to a third party.

If that be so, what is there to appeal?  Appeal against what?


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