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Sanjay Bhardwaj
in Civil Law Property Law Agricultural Law Family Law
Asked June 19, 2017

Sale of agricultural undivided land without everyone's signature

  • 1 Answer

In the agreement to sell if total agriculture land is mentioned ,can same land be sold if not signed by all ,and it is undivided ,less than 8 standard acre in Delhi?

Answer 1

No, if all the owners don't sign, land cannot be sold. Sections 7 and 8 of the Transfer of Property Act, 1882 suggest that only the rights which a person is competent to transfer can be transferred by such person. Since a co-owner does not own the entire property, but has only a partial interest in the property, only such partial interest can be transferred by her/him, and the interest of the co-owner cannot be sold without her/his consent.

Agree Comment 0 Agrees almost 4 years ago

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