Selling of joint property in hindu family without consent of other coowners
6 months ago
Whether my brother can sell his share of joint property without my consent?
A.Dear Sir,
It cannot be sold but you may go to the Court and file a suit for partition and seek interim relief not to sell the property by any of the co-parceners.
It cannot be sold but you may go to the Court and file a suit for partition and seek interim relief not to sell the property by any of the co-parceners.
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A.Dear Client,
Section 44 of the Transfer of Property Act, 1882, deals with rules applicable in cases of transfers by a co-owner. This Section states that any one or more legally competent owners of immovable property may transfer their share of such property or any interest to the transferee. It also states the exception to this rule. This exception prevents a stranger from claiming joint possession of a family share of a dwelling house. If a portion of the dwelling house is transferred to an outsider, then the transferee cannot claim joint possession or any common part or enjoyment of the house. This Section states that since the transferee is not a member of that family, he will be unable to enjoy that property, which is a dwelling house belonging to an undivided family. In this situation, the transferee has the right to have the house partitioned based on Section 4 of the Partition Act, 1893. This Section states that an outsider transferee who claims partition by metes and bounds may be compelled, at the option of the other family members, to forgo his legal partition right and accept pecuniary compensation. The Partition Act, 1893, allows the co-owner to buy the share from the transferee at the valuation to be awarded by the court. However, a co-owner of a commercial property can make a transfer of that property to any outsider without the consent of the other owner.
Section 44 of the Transfer of Property Act, 1882, deals with rules applicable in cases of transfers by a co-owner. This Section states that any one or more legally competent owners of immovable property may transfer their share of such property or any interest to the transferee. It also states the exception to this rule. This exception prevents a stranger from claiming joint possession of a family share of a dwelling house. If a portion of the dwelling house is transferred to an outsider, then the transferee cannot claim joint possession or any common part or enjoyment of the house. This Section states that since the transferee is not a member of that family, he will be unable to enjoy that property, which is a dwelling house belonging to an undivided family. In this situation, the transferee has the right to have the house partitioned based on Section 4 of the Partition Act, 1893. This Section states that an outsider transferee who claims partition by metes and bounds may be compelled, at the option of the other family members, to forgo his legal partition right and accept pecuniary compensation. The Partition Act, 1893, allows the co-owner to buy the share from the transferee at the valuation to be awarded by the court. However, a co-owner of a commercial property can make a transfer of that property to any outsider without the consent of the other owner.
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A.Dear Client,
If you and your brother have a co-ownership agreement that specifies the terms and conditions of the joint property ownership, including the right to sell or transfer shares, then the agreement's terms will generally govern the situation. If your brother wishes to sell his share and you do not consent, he may seek a partition of the property through legal means. The court can order the division or sale of the property, and the proceeds will be distributed among the co-owners based on their respective shares. In some cases, co-owners may have a right of first refusal, which means that if one co-owner wishes to sell their share, they must first offer it to the other co-owners at the same price and terms that they would offer to an outside buyer.
If you and your brother have a co-ownership agreement that specifies the terms and conditions of the joint property ownership, including the right to sell or transfer shares, then the agreement's terms will generally govern the situation. If your brother wishes to sell his share and you do not consent, he may seek a partition of the property through legal means. The court can order the division or sale of the property, and the proceeds will be distributed among the co-owners based on their respective shares. In some cases, co-owners may have a right of first refusal, which means that if one co-owner wishes to sell their share, they must first offer it to the other co-owners at the same price and terms that they would offer to an outside buyer.
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