We have joint property in Vakola, Santa Cruz East, Mumbai. I would like to know if there is any precedent in Indian law where 1 of the co owners of the property has successfully petitioned the courts for auction of the property.
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A property owned by more than 1 person cannot be auctioned without permission from the other co owners. That is the law.
I am sorry but there can be no precedent to that.
Partition is possible and onve partition is effected a co owner may sell/ auction the property.
You can file suit for partition for division of property by metes and bounds
2) if property cannot be partitioned court can direct property be sold and sale proceeds distributed among co owners
One of the joint owner can approach court of law for court direction to sell his share of property by auction sale through court for the reasons tht the other owner is not consenting or agreeing for sale or even partitioning the property and for other reasons that this joint owner is relying upon to file the suit.
The court after hearing both the sides and found that the proeprty is indivisible, may pass an order to bring the entire property into auction sale and distribute the sale proceeds between both the owners as per law.
Adv. Kalaiselvan and Adv. Ajay Sethi, please quote a precedent.
Under the Partition Act, in case of a suit for partition, if it appears to the Court that the partition of the property cannot reasonably happen or sale of the property is more beneficial, then the Court may, on the request of the shareholders interested, direct the sale of the property and distribution of proceeds.
The Act provides that any other shareholder may ask for leave to buy the shares of the parties and the Court may thereafter, offer a valuation and shall sell the property to the applicant.
There are plenty of citations available in this situation.
You may browse the Indiankaanoon.com or live law.com for getting some citations suiting to your situation.
- As per law, one of the joint owner can transfer his share to another persons or sell the same without taking consent from other owners.
- But , if the property not demarcated and portions not decided , then the one of the joint owner cannot sell or auction any portion of the property without taking consent of other owners.
- Further, he can file a suit for partition and to auction his share in the property after filing a Partition suit before the court.
1. One co-owner of the jointly held property can file a partition suit of the said property.
2. If the said property is not partible and other co-owners are not willing to pay off the amount of his share of the property either jointly or severely, then only he can file a petition praying for selling the property to pay off his share on the property.
3. Such petition for sell/auction will hardly be allowed in case the property is occupied by any or all other co-owners residing therein.
Without taking the initial steps like filing partition suit, being refused to be paid an amount equal to the value of his share of the property, his petition for auctioning the said property will not be allowed.
Dear sir,
1. For selling or for carrying out an auction of joint property, the assent of all the co-owners is necessary. A co-owner is only entitled to his share from the joint property.
2. For getting the share from the joint property, one has to initiate partition proceedings. if the property is not partitionable then the co-owner can only demand his share from the other co-owners.
3. If the co-owner is denied of his share, then he can invoke his rights in court and may seek permission for allowing him to conduct an auction.
4. this is the current established law.
Thank you
The co-owner can file a suit for partition of property to cull out the separate possession of his own share, but he cannot seek auction of his undivided share.
