Civil Procedure Code (CPC)

Joint property rights when co-owners sold out


We have a partition document between 3 brothers (A, B, C - grandfathers)... In the document the property is equaly divided and 3 brothers constructed houses by making a joint passage way to the drinking well and on to the road ( now called the Joint Property around 150 yards)... all is been put in the document (not registered but mutually signed and witnessed by few others).

"A"s sons Sold out their property and also sold the 1/3rd part of the drinking well...

"C"s sons also Sold out thier property but not mentioning the Joint passage or drinking well...

"B"'s son Still holds the property.

Now please see my questions,

1) Can "A" has a right to sell the joint property (1/3rd part of drinking well)?

2) What happens to C's share on joint passage and drinking well (as he has not mentioned)...

3) What is the right for "B" now?


Dear Siva,


First of all the title by way of division of property is defective unless and untill you register the document. Following are the replies to your queries: -

1.  Based on the written understanding A can sell his 1/3rd undivided share in the property alongwith house which was assigned to him by way of family settlement.

2.  C's right to the joint passage shall remain by way of right by way of easements Act, since C has been enjoying the said way and said wll over the period of years and more so he has 1/3rd share as per the settlement deed.

3.  B shall have 1/3rd balance right in respect of the entire land on which houses are constructed, in well and in respect of house falling in his share.

Jairam Chandnani





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