Can co-owned property be sold partially without all co-owners' consent?
Hi, I need legal advice regarding an old family house built around 1943. The house is now inherited by a family of four brothers. Two families currently live in the house, while the other two no longer reside there. Three out of the four families are interested in selling the house to a builder for reconstruction, but the fourth family is not convinced, despite long negotiations. The builder advises that the three families can sell the house partially—75% of the land to the builder, while the fourth family can retain 25%. I would like to check the legal validity of this advice from the builder; Can co-owned property be sold partially if one co-owner does not agree? Without demarcation of the land, is there any way to decide which portion of the property can be sold or retained without the consensus of the fourth partner?
Under Indian property law, a co-owned property cannot be partially sold to a third party without the consent of all co-owners and proper legal partition/demarcation of the property, as each co-owner has an undivided share in the entire property. In this case, you would need to either obtain consent from the fourth family or file a partition suit in court to legally divide the property before any sale can proceed, as the builder's suggestion of a 75-25 split without proper legal partition would not be legally valid.
Co-owners have an undivided share in the entire property, and no specific portion can be sold without unanimous consent or a legal partition. The three families can sell their undivided shares (75%) to the builder, but the builder will then co-own the property with the fourth family, and possession or demarcation of specific portions will require a partition suit or mutual agreement.
Sir, co-owned property generally cannot be sold partially without the consent of all co-owners. If the fourth family disagrees, the three families cannot sell a portion of the property without legal disputes. Without demarcation it is difficult to decide which portion of property to be sold so, mediation or legal negotiation may help reach an agreement. If it fails then the three families can file a partition suit in court to divide the property. It is advised to consult an expert lawyer who will assist you in understanding your rights and options. For further legal assistance contact us on our helpline number.
Related Questions
24x7 Help
If we fall short of your expectation in any way, let us know
Payment Trust
All refunds come with no questions asked guarantee
