No! One person cannot sell an entire jointly owned property on their own unless all co-owners consent or specific legal conditions are met. In India, when property is owned jointly, all co-owners share equal rights over the whole property even if their individual shares differ.
Can a Jointly Owned Property be Sold by One Owner in India?
Because of the undivided interest involved in a jointly owned property, selling the entire property without the consent of other owners is generally not legally valid, and any such sale can be challenged in court.
However, there are clear exceptions. A co-owner can independently sell or transfer only their undivided share of the property to a third party without needing the consent of the other co-owners.
In such a sale, the buyer simply steps into the shoes of the selling co-owner and becomes a new co-owner with the remaining owners. This is lawful even in the absence of written consent from others, as long as the deed clearly states it is only the seller’s share being transferred.
Recent court decisions including a ruling by the Orissa High Court reaffirm that co-owners have the legal right to sell their undivided share without other co-owners’ permission. Authorities cannot arbitrarily refuse to register such a sale deed when it complies with statutory requirements.
If a co-owner wants to sell the entire undivided property, all co-owners must agree and sign the sale deed.
Alternatively, co-owners can file a partition suit in court to divide the property into defined portions; once partitioned, each owner can sell their respective part. Without such consent or partition, unilateral sale of the full property is not legally enforceable.
I hope this helps!
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Can One Person Sell Jointly Owned Property?
ravi
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20 days
2026-01-11T19:09:03+00:00 2026-01-30T19:07:01+00:00Comment
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