• Undivided share of ancestral 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?
Asked 3 years ago in Property Law
Religion: Hindu

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7 Answers

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 

Ajay Sethi
Advocate, Mumbai
97856 Answers
7937 Consultations

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. 

Anik Miu
Advocate, Bangalore
10493 Answers
121 Consultations

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.

Rahul Mishra
Advocate, Lucknow
14108 Answers
65 Consultations

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.

Swaminathan Neelakantan
Advocate, Coimbatore
2976 Answers
20 Consultations

Yes he can sell it but possession will be issue due to the undivided scenario

Prashant Nayak
Advocate, Mumbai
33128 Answers
215 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
14903 Answers
226 Consultations

The undivided share of property can be sold either after partition amng the shareholders or consent or if the buyer is willing to buy the undivided share and would be partitioning the same among other shareholders at a later time.

T Kalaiselvan
Advocate, Vellore
88056 Answers
2377 Consultations

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