Legal Question in Real Estate Law in India

we are 3 brothers and 2 sisters staying in kolkata. we have a house (property) in kolkata, west bengal, legally owned by all 5 of us having equal rights and ownership. since the property is very old 4 of us wanted to hand over the same to a developer on joint venture basis. but 1 (brother, youngest of all) is not agreeable at all. at this juncture, my questions are:

1. is it possible for 4 of us to promote/develop the property without the signature of younger brother.

2. is it possible to outright sell our (4) equal shares in the property to any outsider/buyer without his (younger brother's) signautre.

i would be grateful if you please let me know. regards, m k pandit


Asked on 9/07/12, 3:15 am

2 Answers from Attorneys

u can sell ur own share but not specific share without partition

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Answered on 9/12/12, 9:46 am
Shrichand Nahar S.V.Nahar, Advocate

Development may not be possible. However, sale of undivided share may be possible. But, in case of a dwelling house, an outsider may not be entitled to joint possession or claim of partition.

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Answered on 10/15/12, 2:52 am


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