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IS Kakar (Manager)     29 July 2025

Sale of joint property by one of the co-owner

Hi

Can one of the co-owner of a joint property sell or gift his undivided share of a joint property in the absence of partition deed ?

What steps can be taken by the other co-owner to prevent the sale of property without his consent.

Thanks

 



 4 Replies

Advocate Bhartesh goyal (advocate)     29 July 2025

Co-owner can sell his  undivided share of property but can not handover the possession to buyer without partition of property.

IS Kakar (Manager)     29 July 2025

Thanks Mr. Goyal for your reply.

Please advise what steps can be taken by the other co-owner to prevent the sale or possession of property without his consent.


Advocate Bhartesh goyal (advocate)     29 July 2025

Other Co-owner can file suit for partition of property along with temporary injunction petition and get stay order in regards to sell and possession of property. 

 

1 Like

P. Venu (Advocate)     29 July 2025

Sale cannot be prevented. But, may be, handing over possession could be. However, is it worth the effort?


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