co owner right co owner right

6 years ago

Can one of the two co owners sell his share in an undivided immovable property without the consent of the other owner?

Adv. Sarika Khude

Responded 3 years ago

A.one of the two co owners can sell his share in an undivided immovable property without the consent of the other owner. But the co owner should be a competent party
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Vidhi Samaadhaan Vidhi Samaadhaan

Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client First one of the co-owner must issue notice to other co-owner if he does not reply or reply in negative then you may file a suit to auction the property and divide the sale proceeds between you too equally. but condition in sale of property is that he/she should be major & of sound mind or not disqualified by law. And also the co-owner who is selling the share should not prejudice the right of the other owner and should be in possession of the his/her share.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
First one of the co-owner must issue notice to other co-owner if he does not reply or reply in negative then you may file a suit to auction the property and divide the sale proceeds between you too equally.
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Vidhi Samaadhaan Vidhi Samaadhaan

Meenakshi Garg

Responded 6 years ago

A.Yes, one of the two co owners can sell his share in an undivided immovable property without the consent of the other owner. But the co owner should be a competent party i.e. he/she should be major & of sound mind or not disqualified by law. And also the co-owner who is selling the share should not prejudice the right of the other owner and should be in possession of the his/her share.
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