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Anuj Sharma   22 September 2024

Khana kasht

There are 3 owners of eqaul share.property is not divided.one of the owner is in khana kasht and in possession of whole property,  using the khana kasht can he sell his whole share in specific khasra which is extent to his share in that particular khasra?



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     23 September 2024

If it is a jointly owned property and if there's a buyer to purchase the undivided share of property then he can sell his share of property.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 September 2024

In this scenario, the co-owner in possession (Khana Kasht) cannot sell the entire property or their whole share in a specific Khasra without the consent of the other co-owners. As per Indian law, a co-owner cannot unilaterally sell or transfer their share in a joint property without the consent of all co-owners. However, the co-owner in possession can sell their share in the property, but only to the extent of their ownership share. They cannot sell the entire property or any portion beyond their ownership share. To sell their share, the co-owner in possession should: 1. Obtain the consent of the other co-owners. 2. Determine the extent of their ownership share in the specific Khasra. 3. Ensure the sale deed clearly mentions the extent of the share being sold. 4. Register the sale with the relevant authorities. It is crucial to consult with a lawyer specializing in property law to ensure the sale is conducted legally and transparently. The lawyer can help: 1. Draft a sale agreement that accurately reflects the co-owner's share. 2. Ensure compliance with relevant laws and regulations. 3. Facilitate the registration process. Please note that specific laws and regulations may vary depending on the jurisdiction and location.

1 Like

Anuj Sharma   23 September 2024

Thankiuu sir...

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     07 March 2025

The concept of Khana Kasht (also known as Khata Kasht) refers to a revenue record that documents the ownership and share of individuals in a particular property or land. Key Points: 1. *Ownership Rights*: The individual's rights are limited to their one-third share as recorded in the Khana Kasht. 2. *Sale of Interest*: They can only sell their interest in the proportionate share of the Khasra (a unit of land measurement) that corresponds to their ownership. 3. *Escape Road Ownership*: The sale is subject to the condition that it is proportionate to their ownership in the Escape Road. Implications: 1. *Limited Transferability*: The individual can only transfer their specific share, which is limited to one-third of the property. 2. *Proportionate Sale*: The sale of their interest must be proportionate to their ownership in the Escape Road. Recommendation: 1. *Seek Legal Advice*: It is advisable to consult with a lawyer or legal expert to ensure compliance with the laws and regulations governing property transactions in your area. 2. *Verify Documentation*: Verify the Khana Kasht records and other relevant documents to confirm the individual's ownership rights and share in the property.


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