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aman   24 January 2022

Sell my share in undivided joint property without consent of co owner

Query 

we come under hindu law.
we have a property in Gurgaon with 3 floors made (freehold residential property) 
I stay in 1 floor , my brother lives in 2nd floor and 3rd floor is empty.
This property is UNDIVIDED and not partitioned yet. currently we both brothers have 50-50% undivided ownership.

Now i am in need of money and since my brother is not ready to do partition by metes and bounds , i want to sell my undivided share in this property to a third party without informing him and not needing consent of my brother.
I have spoken to local dealers and people are willing to purchase my share.

How do i go ahead and can i do so ? kindly guide
thanks experts in advance



 7 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     24 January 2022

Hello,

You can approach court and file partition suit against your brother. After court order you can sell your share to third person. 

Shashi Dhara   24 January 2022

Purchaser  can file suit for partition if you sell ,.

aman   24 January 2022

@pawar sir, actually i wanting to know if legally i can sell my undivided share without doing partition suit. i am wanting avoid time loss in partition suit and exit the property.

ps - this property came to me and my brother after death of our father who died interstate without a will , so will it be called ancestral or self acquired in both us brothers hand?

(this property was earlier our in fathers name)  mother also no more. just wanted to inform incase it matters.

Shashi Dhara   24 January 2022

Yes you can sell it without partition but buyer has to file suit for partition .

Advocate Bhartesh goyal (advocate)     24 January 2022

Yes, you can legally  sell your undivided share of property but can not handover to buyer any maked or specific portion of property later on.buyer can file suit for partition of property against your brother.

Adv. Mohit Chahal (Advocate)     24 January 2022

Dear Aman

1. You may sell undivided share of property to third party without consent of your co-sharer i.e. brother.

2. You may get decree of partition after filing partition suit in civil court and only thereafter sale the specific portion of the property. In this manner your will get more selling price in comparison to selling without partition.

3. This property is ancestral in you both brother hands and your son/daughter can claim their share from you in selling price of that property.

Regards

Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     29 January 2022

As your father died intestate, at first you have to get a succession certificate before doing anything with the property. No one can go by your statements here. Who knows that you and your brother are the only succesors to your father?


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