Legal Question in Real Estate Law in India

Hello. My husband is a property shareholder of a joint property (his father's house built by my husband's father) which includes 4 other shareholders to this property. The property is not demarcated for anyone but the property in whole is in the name of 5 people (all siblings). The issue is the other shareholders are not interested in selling the property but we are in dire need of money as we are planning to build our house. If my husband wishes to sell his part of the property (of course which is possible only in paper as the property is not demarcated) is it legal? Please help.

Asked on 7/29/12, 11:12 pm

3 Answers from Attorneys

Stalin Selvamani S & P Law Associates

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It is advisable to sell your 1/5th share to the other share holder of the joint family and get the money for the value which you will sell to a third party.

You need to make a registered deed for it. You can get a local advocate help to sort it out or else issue a partition suit notice to all of them.

Answered on 7/30/12, 12:14 am

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Vivek Mapara Vivek N. Mapara

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It is legal sell only your share of the property. However, the purchaser will be able to secure possession of that share. So not sure, if someone is ready to purchase that share. Better way is a suggested by Mr. Stalin Selvamni, sell it to other shares and get money. You can do this my way of a registered deed of sale or by executing a registered deed of relinquishment.

Answered on 7/31/12, 12:35 pm

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