Bought Property Without Partition? What Happens When Another Co-Owner Objects to Your Purchase?

FAQs

1. Can I buy a co-owner's share in property without partition?

Yes. A co-owner can generally transfer his or her undivided share or interest in jointly owned property, subject to the applicable law and the co-owner's actual title.

2. Does buying an undivided share make me the owner of a specific part of the property?

Not automatically. If the property has not been partitioned, purchasing an undivided share does not necessarily give the purchaser exclusive ownership of a particular room, floor, plot or other identified portion.

3. Can a purchaser file a partition suit after buying a co-owner's share?

Yes. Section 44 of the Transfer of Property Act recognises the transferee's right to enforce partition of the interest transferred by a co-owner, subject to the facts and applicable law.

4. Can another co-owner cancel my registered sale deed merely because they did not consent to the sale?

Not merely for that reason. The legal position depends upon the seller's title, the nature of the property, the share transferred and the circumstances of the transaction.

5. What happens if the seller sells the entire property even though he owns only a share?

The seller ordinarily cannot convey a better title than he possesses. The purchaser's rights have to be examined with reference to the seller's actual transferable interest and the rights of the other co-owners.

6. Can I get possession of the exact portion occupied by the seller?

Not necessarily. In an undivided property, physical occupation of a particular portion does not by itself establish exclusive ownership of that portion. Partition may be necessary to determine separate possession.

7. Are there special rules if the property is an undivided family house?

Yes. Section 44 of the Transfer of Property Act contains a specific restriction concerning transfer of a share in an undivided family dwelling house to an outsider. The Partition Act, 1893 may also become relevant.

8. Should I verify the title before buying an undivided share in property?

Yes. A purchaser should ideally have the title documents, previous transactions, ownership shares, partition status, encumbrances, pending litigation and other relevant records examined by a property lawyer before completing the transaction.