A.Dear Client,
If the shares of the co-owners are stated in the sale deed clearly and specifically then a co-owner can sell his/her part without taking the consent of the other co-owner. But if the share is not stated specifically, one co-owner needs to seek the permission/NOC of the other co-owner before selling the jointly owned undivided property to a third party. A co-owner can't transfer more than his share of immovable property. It is provided under Section 4 of Partition Act 1893, that if the undivided share in the dwelling house is transferred to a person, who is not the family member, the transferee can file a suit for partition of the undivided property before the Civil Court. Reach out to an Advocate for guidance and steps.
If the shares of the co-owners are stated in the sale deed clearly and specifically then a co-owner can sell his/her part without taking the consent of the other co-owner. But if the share is not stated specifically, one co-owner needs to seek the permission/NOC of the other co-owner before selling the jointly owned undivided property to a third party. A co-owner can't transfer more than his share of immovable property. It is provided under Section 4 of Partition Act 1893, that if the undivided share in the dwelling house is transferred to a person, who is not the family member, the transferee can file a suit for partition of the undivided property before the Civil Court. Reach out to an Advocate for guidance and steps.
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A.Dear client, to acquire a co-owner undivided property as a third party the following are the requisites:
1. No Objection Certificate from the co-owners with respect to transfer of ownership i.e. title and possession.
2. Division /arrangement by metes and bounds, reached out amongst the co-owners.
1. No Objection Certificate from the co-owners with respect to transfer of ownership i.e. title and possession.
2. Division /arrangement by metes and bounds, reached out amongst the co-owners.
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