rangnath.kulkarni (nil) 28 April 2022
Sai Krishna 28 April 2022
In the above-mentioned case, you are selling the building along with the plot which is a jointly owned property. No person can sell a property that is jointly owned without the consent of all owners. If done so then the person can file a suit challenging the sale and can also file a suit under cheating and misappropriation of property. Here in the above-mentioned scenario, all 19 owners can individually sell their flat to a single person without the consent of others but as it involves selling the whole building along with land it comes off as a jointly owned property. Section 44 of the Transfer of Property Act, clearly states that any sale of a jointly owned property must be done with the consent of all co-owners involved. Thereby you can’t sell the property without the consent of that single member and if done so would be liable to face legal consequences
Advocate Y.K. Mehrotra (Advocate) 28 April 2022
The solution is to undertake the reconstruction of the society rather than initially selling it out. If the land belongs to MHADA then MAHADA ACT 1976 shall apply and under Section 95A the Board can issue a vacation of premises and the solitary member has to follow.
Such view has been taken by Bombay HC also in a reportable judgement.
Rest all depends on how good a negotiator is your advocate is. I have seen personally change of tone within seconds.