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.
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.
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,