Legal Question in Real Estate Law in India

undivided share

We have ancestral Property having 3 joint undivided shares. One of the co-owner has handshake with another co-owner for selling his undivided share. Can he do that. How can I restrict them for doing so. can this sale proceed happened without Partition.


Asked on 5/05/09, 8:11 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: undivided share

Any share holder may sell his undivided share.

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Answered on 5/06/09, 6:15 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: undivided share

an undivided share cannot be sold without the property partitioned by metes and bounds. you can file a suit for injunction and partition against the other co owners.

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Answered on 5/06/09, 2:00 am
Shrichand Nahar S.V.Nahar, Advocate

Re: undivided share

As far as sale is concerned, normally no restriction for sale.

However, in case of dwelling house, such purchaser is neither entitled claim for possession or partition of dwelling house.

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Answered on 5/06/09, 2:04 am


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