Can a co-owner legally sell her 50% share without consent?
My mother was bequeathed a plot of land by her deceased father in Kendrapara in Odisha. The land paper says that she owns 50% of the land and the remaining 50% is owned by her 4 brothers. Can she sell her 50% of the land without informing her brothers and getting their consent? Three of the brothers are dead and the fourth brother won't give consent. What are her options? If she files a partition suit to get her share of land demarcated, what are her chances of winning and how long will that court case likely take?
If your mother’s 50% share is legally recorded, she can generally transfer her undivided share without obtaining her brothers’ consent. However, she cannot sell a specific demarcated portion without partition. Since three brothers have died, their legal heirs may have rights. She can file a partition suit for separate possession and demarcation. Success depends on title documents and evidence; the case may take several years. For further legal assistance contact us on our helpline number.
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