Legal Question in Landlord & Tenant Law in India

I am a co-owner along with 10 members of my family ( which includes cousins) of a 200,000 sq. ft. of high value commercial land in Maharashtra city. the issue is this.

The corner portion(100,000 sq ft )of the property is what we are interested in selling and retaining the remaining 100,000 sq ft . My advice to my family members who are all united and wish to jointly sell the land is this: let us sell 100,000 sq feet of land for which there are many buyers ( since it�s corner property) WITHOUT partitioning the land.. What is the use of breaking the land into 10 small portions? Then the big buyers may not be interested in buying ( they want a big chunk of land�at least 100,000 sq ft. ) My question is this to you kind sirs; CAN WE AS JOINT OWNERS SELL 100,000 SQ FT OF LAND OUT OF THE 200,000 sq ft WITHOUT PARTITIONING THE LAND? (EVERY OWNER WILL SIGN THE SALE DEED AND CLEARLY MARK OUT THE PORTION OF THE LAND( 100,000 sq ft) ON THE MAP WHICH WILL BE ATTACHED TO THE SALE DEED AND WILL BE AN INHERENT PART AND PARCEL OF THE SALE DEED. In this way we co-owners can sell the land WITHOUT having to break and partition the land. Will the law allow us to jointly sell half of the existing land without partitioning, in the above mentioned way? Will truly appreciate an answer. Thank you very much :)


Asked on 6/23/13, 12:51 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

24.06.2013

Dear Sir / Madam,

If the 2,00,000 sq.ft. land vests in the name of the main and co-owner in the record of the District Tehsildar, you are free to deal with the land in the manner you best deem fit. Completing the process for splitting the land into two halves, constructing the boundary wall all around the 1,00,000 sq.ft. land, and thereafter selling it is recommended.

Regards,

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Answered on 6/24/13, 3:31 am


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