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Undivided Share Undivided Share

8 months ago

Is it legal to buy or sell undivided share in an apartment in which you don't own a flat?

Anik

Responded 8 months ago

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A.Dear client,
An undivided share of a common area in a development like an apartment complex can be sold without consent from others but not in a jointly owned property unless you hold a settlement deed in your favour for your share of the joint property.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 8 months ago

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A.Dear Client,
An undivided share of a common area in a development like an apartment complex can be sold without consent from others but not in a jointly owned property unless you hold a settlement deed in your favour for your share of the joint property. You can sell your undivided share in the property to a third person if the said buyer is willing to buy it and get it partitioned at a later date. An undivided share of co-sharer may be a subject matter of sale, but possession cannot be handed over to the Buyer unless the property is partitioned by metes and bounds amicably and through mutual settlement or by a decree of the Court.
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Vidhi Samaadhaan Vidhi Samaadhaan

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