Mr A would need Mr B consent to sell the flat . both are co owners of flat . the mistake A made was purchasing flat in joint names . without B consent flat cannot be sold
Property Problem
Mr. A is the first owner of the house property at Dahisar, Mumbai registered under the cooperative societies act (property was bought in August 2009).He has financed the house 100% and the house is co-owned by his elder brother Mr. B who currently serving his jail term in Muscat Oman (precisely 10 years). Also to add Mr. A has disowned his elder brother, Mr. B earlier in 2004. However, later Mr. A financed his elder brother's entire marriage and also gave him the house of Dahisar to stay. However, Mr. B's criminal records has resulted in Mr. A to change his thoughts and wants his 100% financed house at Dahisar to be sold. What are the options available with him to sell the house and get the enitre sale value in his name?
Asked 10 years ago in Property Law
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8 Answers
Thanks for the quick reply. Please advise what documents will be required for the consent and how to get the consent from Oman where Mr.B is serving his term.
Asked 10 years ago
you will have to send the documents in oman jail for his signature
Since Mr.A has paid the entire consideration for the property; Mr. A can very well file a suit for declaration of absolute ownership over the property.
Mr Sai, How much time it will take to declare absolute ownership and how can it be done?... Mr.A would like to sell this property as soon as possible.
Asked 10 years ago
let B furnish power of attorney in favour of his brother A for sale of flat in Mumbai .
In case, Mr. B do not provide the power of attorney to Mr.A, are there any other options to sell the property legally.
Asked 10 years ago
B has an equal share in the flat. Hence, property cannot be sold without his prior consent.
Absolute ownership cannot be assumed unless and until B relinquishes his share in A's favour, which would require B to make a relinquishment deed or family settlement in A's favour.
The property cannot be sold if B does not make a POA in A's favour.
B can execute Relinquishment Deed in favour of A