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


Asked on 7/05/16, 12:12 pm

1 Answer from Attorneys
Dr Katta Venkata Rama Krishna Drkattavrk

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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Answered on 7/05/16, 9:50 pm


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