Sathish Kumar Paramasivam 12 September 2026

Sale of undivided land in stay

Me and my brother purchased 5 acrs combinedly. it's undivided property. My brother got a stay not to sell this property. can i sell my undivided share in this stage.

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Quick Summary

This discussion addresses the possibility of selling an undivided share of land when one co-owner has obtained a legal stay order preventing the sale of the entire property. It highlights the need to understand the specifics of the stay order, including who granted it and the case details. The advice given is to consult with a lawyer involved in the case for personalised guidance.

3 Replies

P. Venu (Advocate) 12 September 2026

"My brother got a stay not to sell this property"

Why the alleged stay? Who has granted the stay? If a Court, which Court? What is the Case No.?

Dr. J C Vashista (Advocate ) 14 September 2026

Consult your lawyer engaged in the suit /case where you are a party to it.

T. Kalaiselvan, Advocate (Advocate) 16 September 2026

While a co-owner generally has a legal right under Section 44 of the Transfer of Property Act to sell their undivided share, a court stay order alters the situation.

If the stay order explicitly mandates maintaining the "status quo" or restrains "any creation of third-party rights / alienation of the suit property," it applies to the entire 5-acre tract. Selling your undivided share while such an injunction is active violates a court order, making the sale void or placing you at risk of contempt of court under Order 39 Rule 2A of the Code of Civil Procedure (CPC).