You would not find any buyer for your undivided share in flat
you can file suit for partition for division of flat
if flat cannot be divided court would direct flat to be sold
My sister and I jointly own a very small two bedroom apartment DD n kitchen. Neither of us live there. My sister is not willing to sell. Can I sell my undivided share and exit the property without any legal impediment in the future? Do I have to inform my sister of the sale ? How will the buyer then deal with her share since he would have physical possession of the entire apartment ?
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You would not find any buyer for your undivided share in flat
you can file suit for partition for division of flat
if flat cannot be divided court would direct flat to be sold
if I sell my undivided share am I legally bound to inform my sister ?
If it is a vacant land then you can sell the undivided share in the property, but since this is a jointly owned apartment there may not be any possibility to sell your undivided share in the property.
Your unwilling sister would obtain a stay order against you from court of law on this decision.
Even the court may pass an order to bring the property to sale if the property is indivisible.
In any case the buyer may not come forward to buy an undivided share in the apartment set up property.
Since your sister is a joint owner of the proeprty, it becomes your duty to inform her about our proposal to sell your undivided share in the property.
You can sell your undivided share
Before that you can offer your sister to buy your share
If she refuses you can proceed to sell to a third party
The buyer can then buy your sister's share
If she does not sell then both will have to hold the flat as tenants in common
Dear Sir/Madam,
You are suggested that it is practically not possible to sell that property to any one and hence you are suggested to go for the partition of the said property first and then for the sale.
co-owner can sell or transfer his portion only when he has exclusive rights to that portion of the property.