Selling Property Without Co-Owner Consent

India is a home of property-related disputes; thousands of property cases arise every day in India because of a lack of literacy and awareness about property-related laws. "sale of joint property without consent" is one such dispute that occurs in large numbers every year in India. Most families are suffering in India from this illegal selling of their property by their relatives. Because of no awareness, they suffer a lot, and even in some cases, things get extremely volatile and lead to heinous crimes.

According to Indian law, it is mandatory to obtain the consent of a co-owner before selling a property, but what will happen in case your joint partner sells your joint partner out of your consent? Today, in this article, we will educate you about your rights and how you can become proactive to prevent such fraud.

Now, let's take an example to understand it more easily. Mr Sumit and his cousin's brother share a joint property; because of some financial issues, Mr Sumit wants to sell the property to meet his financial needs, but soon he finds himself in a confusion that he does not own the property solely and his brother also has a part in the property, so now the question arises, can Mr Sumit sells the property without his brother's consent or even if he is able to sell it without the consent, what will be the consequences? What are the joint property rules in India?

Is The Sale Of Joint Property Without Consent In India Allowed?

The sale of joint property without consent in India is allowed but only under two conditions, and even if one of them is not met, the sale will be illegal as per the law specified.

Rights of co-owner of property in India

1. The share of each individual is mentioned in a sale deed; the co-owner can sell their part of the property even without consent from the other co-owner. However, if the portions or shares of the property are not specified, the     consent becomes inevitable and needs to be taken.

2. All co-owners must agree on the terms of the sale.

Can we sell family-owned property without the consent of other members?

No, according to Hindu law, a property cannot be sold without the consent of other family members, so if you want to sell your family-owned property, you will need the consent of all family members before selling it.

What will happen if the co-owner or Joint-owner of a property dies?

According to joint property rules in India, if the co-owner of a property dies, the sole ownership of the property will be passed to the other owner of the property. 

Legal remedies if the property is sold without the co-owners consent

If the property is sold without the consent of the co-owner, here are two legal ways an aggrieved can take:

File a civil suit: The victim can file a civil suit against the sale of joint property without consent, and if your claims are valid, the court may order the other party to stop the selling of property.

File a criminal case:  If a co-owner fraudulently sells the jointly-owned property, the other co-owner can also file a criminal case.

Conclusion

Everyone should be aware of their property rights and should be updated about the laws and new implementation by the government. To save yourself from such fraud, always know your rights and consult a legal expert before getting into such transactions.