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.
Helpful
Helpful
Share
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.
Helpful
Helpful
Share
Read Related Answers
property issue
Dear Client,
Firstly you have your equal right to share of your ancestral property as per the 2005 amendment act where even women have equal right in the property. additionally nobody can threaten yo...
Property
Dear Client,
No other individual can sell your property without authentic documentation and consent. make sure you have had the right registered documents of the land and understand how the owner cou...
Covered garage
Dear Client,
The owner of a property is liable to pay the property tax levied by the local civic body i.e, the Municipal Authority. This tax may vary from one location to another and various other fac...
Government Land Occupying
Dear Client,
The Government land cannot be a subject matter of a transaction between the private parties. Instead, the Government acquires private land whenever required for public purposes under the...
Balcony extension
Dear Sir,
Yes, you can do so with the formal permission of either association people or builder. You may file representation before them and get consent.
Read Blogs on Property
Property Lawyers
Find Lawyers by Location