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Author Topic: possible to sell a undivided shares - property?  (Read 820 times)

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Offline RAJI

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possible to sell a undivided shares - property?
« on: July 17, 2015, 01:18:17 AM »
Dear Sir,

possible to sell a undivided shares?

our land  registered on my dad (self earned property)and mom with equal shares,i have two elder sisters and one elder brother.
problem with my brother and my mom registers the shares of all to me expect my brother share (IN MY DAD's share) .we
now plan to sell the land.
kindly let me know whether is possible to do
« Last Edit: July 17, 2015, 01:21:45 AM by RAJI »

Offline kphk

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Re: possible to sell a undivided shares - property?
« Reply #1 on: July 17, 2015, 04:43:56 AM »
Sale of undivided interest is valid in law.

Offline RAJI

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Re: possible to sell a undivided shares - property?
« Reply #2 on: July 18, 2015, 01:16:33 AM »
which means i can sel my shares alone to buyers or i hv to sel all shares including my brother,and should register the shares in court . which one is right.

Offline Advocate M.Bhadra

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Re: possible to sell a undivided shares - property?
« Reply #3 on: July 18, 2015, 02:13:48 AM »
Is your father alive? during the life time of your father you can not claim your share, if he died intestate (without making WILL),then you can claim your proportionate share by inherit successors. However undivided or un-demarcated property can be sale if the buyer is agreed to purchase.

SECTION 44 Transfer Property Act, 1882 ( With reference to Section 4 of the Partition Act, 1893)

Transfer By One Co-Owner- Where one of two or more co-owners of immovable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires, as to such share or interest, so far as is necessary to give effect to the transfer, the transferors right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same.


M.Bhadra,advocate at Kolkata,9836589246
« Last Edit: July 18, 2015, 02:15:57 AM by Advocate M.Bhadra »

 

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