Legal Question in Real Estate Law in India
Joint Property i.e Dwelling house of having 4 shares (Tenancy in Common) purchased in 1965 by mother and 3 children, in which partition by metes and bounds not executed. Out of 4 shares 3 shares sold their share by registered sale deed to stranger without taking consent of 4th share. 4th share is in possession of full house.
Question
1) Can 4th share claim in court for cancellation of sale deed as there was no consent from him and there was no partition of dwelling house?
2)Can 4th share claim in court for right of preemption?
Kindly suggest
how Transfer of property act section 44 apply
1 Answer from Attorneys
1) The right to pre-empt purchase by co-sharer under S.4 of the Partition Act, 1893 cannot be exercised till the stranger/outsider sues for partition.
2) There is no law which provides that co-sharer must only sell his/her share to another co-sharer. Thus, strangers/outsiders can purchase shares even in a dwelling house.
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I am Joseph. My father passed away in the year 1993. My grandfather`s property... Asked 7/04/16, 10:58 pm in India Real Estate and Real Property