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Neither spouse can sell the property without the consent of the other. In this type of tenancy also the share of ownership of one co-owner automatically passes on to the co-owner who outlives the other. According to the Transfer of Property Act, every joint or co-owner has a proprietary right to the entire property.
How do you sell shares in undivided property?
You can sell your undivided share in the property to a third person if the said buyer is willing to buy it and get it partitioned at a later date. Your cousin’s consent is not required to sell your share of property.
Do all heirs have to agree to sell property in India?
Property of Deceased CANNOT be sold without mutual & consenting signatures of ALL residual legal heirs. 2. Property CANNOT be sold IF it is still Mortgaged, THEN original papers will be required to execute new Sale transaction.
How do I sell a joint ownership property in India?
1. A co-owner of a property is capable of selling his/her undivided share in the property provided the purchaser is willing to make a purchase in the said manner. the only other way is to partition a property, either through court or through a partition deed and then affect sale of divided property.
Can I sell a property without the co-owner agreement?
As a homeowner, you can decide to sell your home at any time. However, if you own a property with someone else, you can’t sell that property without consent from the other owner or owners. You can probably imagine that co-ownership of property is an issue if the owners don’t agree about selling.
Can undivided share be sold?
Undivided share of co-owners The co-owner can sell even his undivided share in the absence of any partition deed. The buyer of the share steps into the shoes of the co-owner.
Can you sell undivided land?
An undivided property is not just a property that has not been subdivided into different sections. If you are tenants in common, you have an undivided interest in the property; as this type of owner, you can sell only your interest in the property. To sell the whole piece, all owners must agree to sell.
Can undivided share of property be willed?
The undivided interest of a Hindu in a joint family property can be disposed of by Will as per Section 30 of the Hindu Succession Act 1956, held the Supreme Court yesterday while dismissing appeals from a partition suit.
You can sell the part that you own or buy the remaining share, increasing your ownership to 100\%, and then sell the property outright. You will benefit from any increase in the value of the property according to the share you own, but you should also be aware that you may be affected by any fall in value.
Can I sell my share of property?