How do I sell the property I shared with my 2 brothers?

—Name withheld on request

Based on the facts mentioned, it is understood that you and your two brothers jointly own the property which is undivided and you are in need of money and are willing to sell your share in the undivided property. You may offer to sell this share to both the brothers either collectively or individually;

If both the brothers are not willing to buy your undivided interest in the property, you are legally allowed to transfer your undivided right and interest in the property to a third party. The buyer then receives your share or interest and to give effect to the transfer, the right of joint possession or other common or partial enjoyment of the property as the seller is also transferred along with the right to enforce the division of the same.

This transfer of your interest to the Buyer will be subject to the terms and conditions affecting the transfer date. However, if the property sold by you is a property to be used by you and your brothers along with their respective family members, the buyer shall not be entitled to joint possession or other common or partial enjoyment of such property.

We have recently bought some land with proper documents. Now some claimants have come forward with documents to dispute our right over that land. How do we know that their documents are genuine? What needs to be done now?

—Name withheld on request

The word ‘query involves carrying out your due diligence to get the property free of all constraints by searching on the title of the land in proper documentation to understand who is the ultimate owner of the property.

If there is any encumbrance and/or fee from any third party on the land, it examines all representations made by the Seller. An encumbrance or charge against an asset by a party that is not the owner, limits the transferability of the asset until it is removed. From the facts mentioned in the question, it is assumed that you have acquired the property by executing a sale deed or any other transfer document duly stamped in accordance with applicable State laws and thereafter registering the transfer documents with the Office of has been done. Sub-Registrar of Assurance, which gives legal validity to the transaction.

In the event of a rival claim, you may have the option of ‘Special performance of the sale/contract’ in your favor or as an option to ask for a refund on account of misinterpretation of material facts and for a declaration that selling you was fraudulent.

Aradhana Bhansali is a partner of Rajni Associates.

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