yes sir u can sell. give first offer to other share holders

Hello,

As your aunt is a co-sharer of the property , you have to offer the same to her first before you sell of to outsiders . If it is a joint property file a partition suit , and after the partition you can sell of the property .

Hope this helps.

Regards.

mutation does not confer title to property

2) it is only for payment of property taxes

3)if mother is co owner she can sell her share in property without consent of other co owners

Yes mother can sell the undivided share in the property.

But it will be better if you make an partition deed with aunt by dividing house by meats and bounds.

Alternatively if she doesnot agree file a suit for partition of house to get actual demarcation of property.

If the purchaser is ready without partition than you can sell undivided share purchaser shall do partition formality.

Dear,

Yes you can. First offer your aunt.

Only after a legal partition you can sell the share in any property. If not you need to proceed with the same.

Hello,

share can not be sold without partition of the land.

File a partition suit first.

Regards

1. it is not clear what the share of your mother in the property.

2. Considering that she has half share in it along with her sister then she can sell her undivided share in the house at any point of time. there is absolutely no legal bar on selling undivided share in the property by a co sharer.

3. However the purchaser can not after purchase take physical possession of the property till it is physically partitioned and if your aunt refuses to amicably execute a deed of partition, the purchaser can file a suit for partition to get it divided by metes and bounds.

If there is a purchaser for the undivided share, the undivided share of the property can be sold; usually, such purchasers bring down the value of the land. What such purchaser do is, go for a negotiation for the rest of the property, and if not possible, file a suit for partition.

So if you have a genuine purchaser for he undivided share you can sell the undivided share.

Dear Client,

According to the Transfer of Property Act every joint or co-owner has a proprietary right of the entire property. Hence, any sale has to be done with the consent of all co-owners involved.

First file partition suit and after it`s disposal, mother can sell.

Hello,

According to Hindu succession act and Indian succession act, only the karta(head of the family) of the family can sale the ancestral property, no one else has the right to sale the property, if the karta of the family has expired, the property must be divided into the family( next generation) and that if they all agree to sale the property as a whole or whichever ratio, they can do so only with the mutual consent of everyone, and only mother has no right to sale the property.

Yes she may sell her share and if the partition is not done that may be done through a settlement deed and same should be allowed by a civil court.

Yes. However in that case you have to sell undemarcated and undivided share of your mother. Further, first you need to give notice, in writing, to your aunt, inviting her to purchase the same.

if it is a joint mutation or mutation on individual's name, if there is a proper partition deed and the same is registered with demarcations duly marked, then your mother can very well sell her share of property independently.

Stamp duty is state subject and varies from state to state

On sale deed it would be around 5 per cent of value of your share as per ready reckoner rates

6% in case of male, 5% if sale to female.

If she is selling the property outside the family then the stamp duty shall be computed as per the value of her share in the property.

You can find the rates and the amount from the ready reckon-er published by the state government and available with the stamp vendor or the registrar's office.

the stamp duty and are different in each state, contact revenue office for same.

Though in my knowledge the stamp duty is around 5% on market value or agreement value whichever is high in municipal area

The percentage of stamp duty is the same as you sell out of the total. For each State, the stamp duty is different.

1. Since the Property is held in Joint Names, it becomes a Joint-Property and CANNOT be sold by single-owner, TILL a proper partition procedure is conducted by following due procedure of law.

2. HOWEVER one Joint-Owner can Sell /Gift /Release the property to the other Joint-Owner/s, without conducting partition procedures.

Keep Smiling .... Hemant Agarwal