You can sell your undivided share in property
under section 44 of transfer of property act co owner can sell his share in property
buyer will have to file suit for partition for division of property
Can one of the family members who has undivided share of ancestral property sell the her/his undivided share of property if one of the family members still live on that property?
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You can sell your undivided share in property
under section 44 of transfer of property act co owner can sell his share in property
buyer will have to file suit for partition for division of property
Dear client,
Yes, they may sell their undivided share of property if people are still living in it as long as consent of all the successors has been taken. As for the people residing in it, they can add a clause in the sale agreement allowing the tenants to remain on the property up and until their lease or rental agreement expires.
Thank you.
The ancestral property belongs to all the heirs. Therefore a person cannot sell unless the shareholders have had a family settlement and then he may sell it. Otherwise that sale is liable to be cancelled by tge court at the behest of the other parties.
Legally, yes, an undivided share may be sold, but practically speaking, the buyer may find it next to impossible to claim possession and enjoyment of it, if the other co-sharers create any trouble.
- As per law , one can sell his share in the property even undivided after executing a petition deed .
- However, if the property is undivided and share in the property physically not defined , then a sharer cannot sell his share without taking the consent of other owners/sharer.