Upgrad LLM

sale of share in joint property


I have a joint property and I am four brothers. I and two brothers with me want to sell our share (3/4) from the joint property. I want to know that can we sell our share to any other person legally.
 
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Please give me legal advice
 
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Advocate

Yes, if there is no dispute regarding share of each share holder and if share is duly demarcated. You may get the property partitioned from court and thereafter can sell the same. There is no hurdle. 

 
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Advocate

Yes, you can do so by filing for partition in the nearest district court. Or, if all members consent to such partition, you can apply for a partition deed (which needs to be registered at the Registrar's office to have a binding effect.) Each of you will thus be granted with absolute ownership over your respective shares of the plot. (i.e. 1/4 each if there are only 4 brothers and no other possible beneficiaries like mother or sister(s), this being joint family property.)   

After the partition is effected, each of you will have absolute right of ownership over your share, you can thus sell, gift mortgage etc your share as per your discretion. 

 

 
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Legal

Originally posted by : Raveena Kataria
Yes, you can do so by filing for partition in the nearest district court. Or, if all members consent to such partition, you can apply for a partition deed (which needs to be registered at the Registrar's office to have a binding effect.) Each of you will thus be granted with absolute ownership over your respective shares of the plot. (i.e. 1/4 each if there are only 4 brothers and no other possible beneficiaries like mother or sister(s), this being joint family property.)   

After the partition is effected, each of you will have absolute right of ownership over your share, you can thus sell, gift mortgage etc your share as per your discretion. 

 

What if all the members to the property dont agree
It needs to be filed as a Court Case?

 

 

 
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Advocate

Yes, you will need to file a case in the nearest civil court. Having ownership over your share of property by means of partition would be your absolute right.


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Legal

Originally posted by : Raveena Kataria
Yes, you will need to file a case in the nearest civil court. Having ownership over your share of property by means of partition would be your absolute right.

The case will filed under which ACT/Law and sections applicable.

Please elaborate

 
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