Legal Question in Real Estate Law in India

Re: Disputed property

It is permissible under Indian law to sell undivided share in the property. However, if the purchaser wants to enjoy the property, then he would have a problem as till your share is physically demarcated (either mutually with your brother or through Court), the portion of the house sold by you can not be identified and there would be a dispute as to which portion of the house he can enjoy under the Sale Deed executed by you. Thus, it is better to first get your portion demarcated. To find out whether your brother has sold his undivided share or not, you may inspect the records in the concerned Sub-Registrar's office.

Legally speaking, you do not need your brother to be present to sell your share in the property.

As regards the tenant, it is the outlook of the purchaser as to whether he is ready to purchase despite there being a tenant in property. For you, it is sufficient if you mention this fact in your sale deed. If you are collecting rent from tenant, then you may issue a letter of attornment in favour of the purchaser and inform the tenant accordingly.

Re: Disputed property

You are at liberty to sell your share without bothering to know about your co-sharer's position.

Re: Disputed property

You can sale your share, if there is no dispute about extent/quantum of your share.

Whether your cousin brother sold his share or not is irrelevant.

Re: Disputed property

Already replied.