13 Jul 2026 12:12 PM

Sale by Co-owners -- Alienation of Undivided Share -- Not void ab initio but not binding on shares of other co-owners

Transfer of Property Act, 1882, S.44 -- Sale by Co-owners -- Alienation of Undivided Share -- A co-owner is entitled to deal with and sell his undivided share in the property. Sale by some co-owners without consent of others is not void ab initio. Such sale is, however, not binding on the shares of the other co-owners. The only restriction is that the purchaser cannot seek joint possession.

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