Legal Question in Real Estate Law in India

we three borhers executed a registered partiion deed in 1986 which contained a common property schedule which was not subdivided among the three brothers till date. The middle brother recently executed a sale deed in favor of a third party defining his share as the middle area including the house in an area of 5 cents with total frontage width of 40 feet only ( 1/3rd share comes to 13.33 feet, a narrow lane which may not be of any use to any of the brothers)

Is this sale legal? can the buy take possession of the property without the concurrence of the other two owner of the common properyy? please clarify


Asked on 11/01/11, 1:34 pm

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

A co-owner may sell his share and transfer possession of the area which is in his possession. Such vendee / purchaser would step into the shoes of the vendor for all legal purposes and do not acquire any rights more than that of his vendor / seller.

If you are aggrieved by this sale, you may challenge the same in local courts by filing a civil suit.

Read more
Answered on 11/01/11, 10:57 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in India