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Dalip ahuja (Business)     24 March 2016

Sale of property without possession

Dear sir,

           Recentaly 25% share in Residential House tansfer in my wife name after the death of her father,

           75% share of said House still in her Father Name.

           House is in possession of her 3 brothers



 2 Replies

Adv. Yogen Kakade (+ 91 9225510883)     24 March 2016

As the title of 25% is with your wife, she can sell her share in the propety even without the possession. But mention the details about the possession in the sale deed.

Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in

ROHIT SHARMA (Legal Advisor )     24 March 2016

1.  Your wife's share can be sold but if it is sold to a third party other than to her her brothers who are occupying the house  then such third party cannot occupy any portion of the house on basis of the sale deed until and unless the said house is partitioned legally by the brothers. The third party even it acquires your wife's share they cannot file any civil suit for partitioing. So, it is better she sells her share to her brotehrs. 


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