Legal Question in Real Estate Law in India

Property - My father owns a flat but my mother is co applicant in the agreement as a part of the agreement

which states consent to the society - both my father and mother's name is mentioned as the purchaser

in the purchase receipt - both my father and mother's name is mentioned as the purchaser

Can my father sell the flat without my mother's consent?


Asked on 4/21/20, 2:31 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

legally speaking, no. father cannot sell the joint property. In fact, he cannot sell even his own half share unless both father and mother have demarcated the property. But since it is a flat, and the society does not permit partition or demarcation, therefore father cannot sell his own share in the flat.

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Answered on 4/21/20, 2:41 am


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