Legal Question in Real Estate Law in India

Disputed property
I and my cousion brother are the joint owners of a shop in new delhi .I want to sell my share of the undivided property but i dont know whether he has sold his share of the undivided property or not . How can i sell off my share of the property since i don't have his location . He is out of INDIA . Also there is a tenant living in the shop for more than 50 years .

Asked on 4/14/09, 6:03 am

4 Answers from Attorneys

Sunil Goel S.G. SOLICITORS

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Re: Disputed property

It is permissible under Indian law to sell undivided share in the property. However, if the purchaser wants to enjoy the property, then he would have a problem as till your share is physically demarcated (either mutually with your brother or through Court), the portion of the house sold by you can not be identified and there would be a dispute as to which portion of the house he can enjoy under the Sale Deed executed by you. Thus, it is better to first get your portion demarcated. To find out whether your brother has sold his undivided share or not, you may inspect the records in the concerned Sub-Registrar's office.

Legally speaking, you do not need your brother to be present to sell your share in the property.

As regards the tenant, it is the outlook of the purchaser as to whether he is ready to purchase despite there being a tenant in property. For you, it is sufficient if you mention this fact in your sale deed. If you are collecting rent from tenant, then you may issue a letter of attornment in favour of the purchaser and inform the tenant accordingly.

Answered on 4/14/09, 7:09 am

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