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Gaurav Sharma (Worker)     25 October 2021

Selling portion of

Hi,

In accordance with Sec 44 of the Transfer of Property Act 1882, a co-owner can sell his/her undivided share in a self acquired immovable property (land) without consent from the other co-owners. My query is can a co-owner sell just "a portion" of his undivided share? For example, say, there are 2 co-owners (A & B) of a big land parcel & one of the co-owners (B) decides to sell 50% of his undivided share to a buyer (C). So the ownership would be A=50%, B=25% & C=25% all undivided co-owners. Can B do it & do it without A's consent?

Thanks.



 5 Replies

Advocate Bhartesh goyal (advocate)     25 October 2021

Yes, B can sell his undivided share to third person but can not handover possession of undivided. Share of property.

G.L.N. Prasad (Retired employee.)     25 October 2021

The purchaser may have to file a suit and seek a share in the property which is not divided into metes and bounds.  

Gaurav Sharma (Worker)     25 October 2021

Originally posted by : Advocate Bhartesh goyal

Yes, B can sell his undivided share to third person but can not handover possession of undivided. Share of property.

Thanks for the reply, sir. Can you please explain what do you mean by possession. In the sense, will the new buyer have lesser rights than the original co-owner? 

P. Venu (Advocate)     27 October 2021

Is this a real-time issue? If so post the complete facts. This platform is not meant for riddles.

Gaurav Sharma (Worker)     29 October 2021

Originally posted by : P. Venu

Is this a real-time issue? If so post the complete facts. This platform is not meant for riddles.

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If you have nothing better to offer as a reply at least avoid being presumptuous. I wasn't aware that Legal Hypotheticals weren't a part of learning Law. The issue at hand may not have happened as yet. I could easily replace A with myself or a friend & B with my brother or that friend's brother. Or I could, for the sake of brevity, use A & B. How would that change the basic application of Law that I am trying to learn?


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