Under section 44 of transfer of property act co owner can sell his share without consent of other legal heirs
2) your father can sell his share in the bungalow without your uncle consent
How to sell a property independently without other stakeholder intervention
We have a property whose stake holders are My father and his elder brother which is G+1 storey bungalow. We are currently living in first floor and My father's brother has occupied ground floor. Initially the house was legally on my grandmothers name and prior to her death she transferred the property to her sons especially us seeing consistent family disputes . My fathers brother is unwilling to sell the property and doesnt want any amicable settlement and on the contrary we want to sell this property . Is there any way we can sell our property share without other partys intervention.
Asked 7 years ago in Property Law
Religion: Hindu
13 Answers
As per the statute your father can share his share of property without the consent of your uncle. Relevant law is as follow:
Section 44 in The Transfer of Property Act, 1882
44. Transfer by one co-owner.—Where one of two or more co-owners of immoveable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires as to such share or interest, and so far as is necessary to give, effect to the transfer, the transferor’s right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting at the date of the transfer, the share or interest so transferred. Where the transferee of a share of a dwelling-house belonging to an undivided family is not a member of the family, nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house.
Regards
Hi, first file a suit for partition .. After the partiition decree is passed by court , you can freely sell you part of the house without any objection or legal interference by your uncle
You should make the first offer of sale to your Uncle.
If he refuses to buy your father's stake in this property, you father may sell of his share/interest in this property to others.
He is not prevented under law from selling his share in this house to outsiders.
Since the property is jointly owned, you can sell you share but the vendee may not be willing in this case. Under the given circumstances you have to approach the court as your uncle is not willing for amicable solution.
Yes, your father can sell priportionate of his share without consent of your uncle. There is provision in Transfer of Property Act, section 44 deals with that one can sell his share to the third party even undivided and undemarcated nature of property.
1. 'she transferred the property to her sons especially us seeing consistent family disputes' is an incorrect statement legally.
2. Either she has transferred the property only in favour of your father or in favour of both your father and Uncle.
3. You can not legally sell the entire property to a third party without the consent of your uncle.
4. However, you can seek partition of the jointly held property by dividing and demarcating it by metes and bounds by filing a partition suit before the Court if your Uncle does not agree for partitioning the said jointly held property.
5. When the property is partitioned, you can sell your share of the property after offering it to be sold to your uncle first at the price you have been offered by the third party and in case he refuses to buy your share, you can very well sell of your share of the said property to a third party.
File a case for partition and possession of share with metes and bound sighting that the property belongs to your grandmother and she has transferred the property to her children therefore the the property has to be divided with metes and bound.
on decree of the case on the hands of the Honourable Civil Court you can sell the property with out any interventions.
You haven't stated how the grandmother had divided the property. Is it by family arrangement or succession.
You can proceed for suit for partition if the division is not specific and after partition, sell your share.
First you have to tell us which Deed your Grandmother has executed.
Then only we can provide you the exact solution for the same.
If there has been a registred partition deed among the brothers and the house property has been properly demarcated with the identification of the common areas, access to the individual properties without disturbance to the other share holder, then the person owing his own share of property can independently sell his share of property to willing buyer.
If there was no registered partition done, then a partition suit may be filed with the civil court to decide about the each individual's share in the property now held jointly.
Please enter into an agreement between you your father and your uncle to divide the property according to occupied position after the agreement you file a case in the local Tehsil to identify the division after the division is confirmed by the Tehsil you may sell your share.
Without clear partition with boundaries one cannot sell the property if you want sell can only joint share
