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Can co-owned property in Patna be sold without the consent of all owners?

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(@Aariz Mansoori)
Joined: 4 weeks ago
[#1246]
I jointly own a property in Patna with family members, and one co-owner wants to sell their share without informing the others. Is this legally permitted?

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(@advocate-mudit-pratap)
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Joined: 2 months ago

No — and this is a clear and settled principle of Indian property law that applies in Patna as it does everywhere in the country. A co-owner of immovable property can sell only their own undivided share in the property; they have no power to sell the shares of the other co-owners or to convey the entire property without the consent of all co-owners.

The legal position flows directly from the Transfer of Property Act 1882: each co-owner holds a fractional undivided interest in the whole property, not a specific demarcated portion. A co-owner can, without the consent of the others, transfer their own share — but any buyer of that share takes it subject to the rights of the other co-owners, meaning they become a co-owner themselves and cannot claim exclusive possession of any specific portion. A sale deed purporting to convey the entire jointly owned property executed by only one co-owner is valid only to the extent of that co-owner's own undivided share and is voidable as against the other co-owners to the extent it purports to transfer their shares. A buyer who purchases such property without conducting proper title verification takes on the risk of being embroiled in partition litigation as a co-owner alongside people they did not expect.

Where co-owners cannot agree — one wants to sell the whole, others refuse — the correct remedy is a partition suit before the civil court in Patna. The court determines each co-owner's share, and either physically divides the property (where that is practically possible — for example, a large plot in the Patna Sahib area that can be subdivided) or, where physical division is impractical (as with most flats and small plots in Boring Road or Rajendra Nagar), orders a sale of the whole property with division of proceeds according to each owner's share. The retired judges and property advocates at the Patna panel of Aapka Legal Advice can advise on whether a consensual arrangement — a buyout by one co-owner, or a joint sale — is achievable through mediation, and if not, how to file the partition suit efficiently.


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