Hello Imran. I will be able to assist you with whether can you sell part of your property or not. So, the answer is yes, you can, but there are some legal technicalities to it, based on your exact circumstances. So, if the property is undivided and belongs solely to you, you can go ahead with selling a part of the property, but proper division has to be done here. I will tell you more below.
Can I Sell Part of my Property?
The sale of a portion of an undivided property can be done, unless there is a written agreement preventing it. I would say such cases are tricky and you should consult a legal professional to tell you the exact answer as per your situation. This is needed especially in the case of joint ownership or if the property is not yet formally partitioned.
Under joint ownership of the property, proper division of the property has to be made and you can only sell your part of the property. Like I said, proper division has to be made and it is better if a legal professional communicates with the joint owners first.
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Recently, one of my friend’s dad in West Bengal asked me can you sell part of your property, as he has the ancestral one? I informed him, yes you can sell part of your property. However, it must be legally subdivided to create a separate lot. Also, if the property is jointly owned, you typically need to offer your share to the other co-owners first before proceeding with the sale.
Can I Sell Part of My Property?
Yes, you can sell a portion of your property. But doing so is more complicated than selling the whole thing. Unless there is a written agreement against it, you are free to sell any portion of the property if you are the sole owner. I informed my friend’s dad the following things.
According to Mitakshara rules, you can sell the ancestral property for family needs, but please be aware the land was divided before the sale and that the title is in your name with a mutation.
In cases of joint tenancy, selling your share typically requires the consent of all co-owners. If consent is not obtained, the sale may be challenged legally.
Also, if you have a child, his consent must be present or you must get consent from the district court.
This process involves getting the required approvals from local authorities.
Given the complexities involved, it is advisable to
consult with a highly experienced legal professional
to help you with the process.
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Imraan85
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9 months
2025-03-28T12:17:18+00:00 2025-11-11T14:27:11+00:00Comment
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