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shyam lal   02 July 2021


As per the deceased WILL pertaining to self aquired immovable property,the beneficiary's mentioned in the WILL who want to sell the share to a third party,has to give one month notice to the coshare holders of his intentions to sell his share as the coshare holders are not offering a reasonable price  01/-.It is not  mentioned in the WILL go get NOC from rest of the coshare  holders 02/-I am told share obtained by virtue of a WILL is considered self aquired
03/-the shares in the are not marked by boundaries,it mentions 1/3 share each.
 04/-.Query is can one under these circumstances file a suite for partition or first give notice to sell.


 9 Replies

Dr J C Vashista (Advocate)     02 July 2021

Notice for partition shall be insufficient. 

Either get the share demarcated amicably (by metes and bounds) or file a suit for partition before finalisation of sale transaction so that the vendee can take possession of the share of beneficiary (Titleholder) 

shyam lal   02 July 2021

Thanks for the reply, can l gift my share to family /or non family member with out demarcation

G.L.N. Prasad (Retired employee.)     02 July 2021

Unless the property is divided into metes and bounds with the demarcation of boundaries to each of the co-sharers, the division/partition is not complete.  In other words, each co-sharer should get his part with clear boundaries and extent clearly specified in the schedule.  There is no bar in co-sharer selling his property, and the purchased may issue notice to other co-sharers for that share entitled by the co-sharer seller   This procedure is not practicable and need not undergo tedious process of contacting as every purchaser wants peaceful possession

The easiest way is to get a settlement deed as per the traditions.  The settlement deed must show the co-sharer property without any ambiguity. After getting such a settlement deed, the deed can be registered.  The co-sharers can even file Pre-Litigation conciliation, get the settlement deed the status of compromise award status, and get the same indexed with Sub Registrar through LSA .  This can not be challenged.

Dr J C Vashista (Advocate)     02 July 2021

Yes it can be gifted but only your share in joint property without mentioning boundaries of the area involved in such donation.

T. Kalaiselvan, Advocate (Advocate)     06 July 2021

If the co-sharer or the co-beneficiary would like to sell his/her share in the property bequeathed in the Will, then he may send a legal notice to the other beneficiaries for an amicable partition of the proeprty with separate possession of each individual's share.

If there is no proper response or cooperation then he/she may approach court with a suit for partition to divide the property into three equal parts and to allot one such share to him/her with separate possession.

After that he / she can sell the share of property so acquired.

P. Venu (Advocate)     08 July 2021

The share of the property is vested absolutely with the beneficiary. Hence the condition as to notice to co-sharers is of no legal effect.

The undivided share in the jointly held property could be sold.

G.L.N. Prasad (Retired employee.)     08 July 2021

"The undivided share in the jointly held property could be sold.  "..  TRUE.  But, the purchaser even then has to file suit for partition for determining that share with metes and bounds.


shyam lal   08 July 2021

thank you Mr. Prasad,in continuation a wife has signed a MOU of family settlement among. the living mother, brother and sister on percentage basis, ,there is no mention of individual share of boundaries marked ,query is how does one sell, his/her share ,under these circumstances?

G.L.N. Prasad (Retired employee.)     08 July 2021

If all co-sharers are willing

Approach to District Legal Services Authority, make a compromise agreement dividing property into metes and bounds and showing the name of the co-sharer with specific boundaries, get award status and they will send the award copy to Sub-registrar for indexing and the registration costs are nominal/reasonable.

If the parties are not in agreement, those willing to purchase undivided share may purchase the property and he can demand partition of the property from other co-sharers and for giving possession of his share (due to the real co-sharer that sold the property to the extent belonging to him as shown in a valid document)

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