Legal Question in Real Estate Law in India

one undivided plot of 1000 sq meter of A;B and C.A does an agreement of sale of 100 sq met for D within one year on 01/05/2013 wlile B sold the same plot to E by sale deed dated 02/01/2014 .what should be done by A or D?While agreement of A was not in knowledge of B and B sale deed was not in knowledge of A or D.


Asked on 3/23/14, 12:05 pm

2 Answers from Attorneys

how much portion was sold by B he could only sell to the extent of his share. The sale deed executed by b without the consent or knowledge of the other coowners cannot be sustained.

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Answered on 3/23/14, 8:29 pm
Fca Prashant Chavan Expert Edge LLP

24.03.2014

Dear Sir / Madam,

Since the undivided plot is in the joint names of A, B and C, a part or the entire land can only be sold with the explicit consent of A, B and C together to any other party. Both the sale of a part / portion of the land are ultravires, null and void. D and E are entitled to sue for compensation and damages from A and B respectively.

Regards,

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Answered on 3/23/14, 8:42 pm


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