Property owners in India have the legal right to sell their possessions. However, before selling jointly owned properties, the law requires the approval of each co-owner. Thus, what happens if the asset goes under without the joint owner’s approval? What is the national legal system regarding the selling of properties held jointly? What are my legal options if the property is already for sale?
Mr. Satendra Pal Singh and his brother share ownership of a property. He needs the money, so he wants to sell this property. But soon after, selling jointly owned property puts Mr. Singh in a difficult situation. Does his co-owner have to approve it before he can sell it? By answering the question, “Can a property be sold without the consent of the other co-owners?” this article seeks to address the concerns of many joint property owners, including Mr. Singh.
Is it possible for someone to sell a joint property?
If the following two requirements meet the criteria, then an individual can sell a jointly-owned property in India:
- Co-owners may sell their respective portions of jointly owned property without the other’s permission if their respective shares of equity in the individual shares are left out. However, selling jointly-owned property requires approval from the co-owner.
- Every co-owner must consent to the sale conditions and the distribution of the proceeds.
Is it possible to sell a family property without the approval of other members?
Hindu Family Law states that it’s unlawful to market family property without the approval of additional family members. All family members must agree to sell it because everyone works together to acquire it. However, it is crucial to remember that a family-owned property is not always an ancestral one. For at least four generations, great-grandfathers have been the custodians of an ancestral property.
What separates co-ownership from joint ownership of a property
The death of a co-owner is the only circumstance that distinguishes co-ownership from joint ownership of property. When a co-owner passes away, their portion of the property passes to the remaining co-owner or owners.
What can be done legally for a property without the co-owner’s approval?
If a seller transfers their jointly owned property without the consent of the co-owners, the co-owners may take the following legal actions:
Bring a civil lawsuit: The resentful co-owner may bring a civil lawsuit to challenge the property sale. The court ordered the other party to stop disposing of the property.
File a criminal case: The other co-owner may do the same if the other co-owner sells the jointly-owned property for a false sum.
It varies from case to case regarding the possibility of selling a shared property with or without the co-owner’s approval. Property owners must thus ensure fair and legal property transactions and be aware of their rights and responsibilities.