Orissa high court rules co-owners can sell undivided shares in property without consent

Cuttack: In a key ruling that reinforces the rights of co-owners in joint properties, Orissa high court has held that a co-sharer can sell their undivided share in a joint property without requiring the consent of other co-sharers.The verdict was delivered recently by Justice Ananda Chandra Behera while hearing a petition filed by Padmini Barik, who had challenged the refusal of the sub-registrar of Basudevpur in Bhadrak district to accept her sale deed for registration. Barik had alleged that the sub-registrar declined to receive her deed on the grounds that she lacked the consent of her co-sharers. The HC, however, found the refusal legally untenable.In his Aug 25 judgment, Justice Behera observed that under Section 44 of the Transfer of Property Act, 1882, a co-sharer has the legal right to transfer or alienate their undivided share without the consent of other co-sharers. Justice Behera further observed that registration authorities have no discretion to orally refuse to receive the sale deed, if presented for registration by a co sharer like the petitioner in this matter even if the deed is executed without the consent of co-sharers.

“If a document is not legally fit for registration, reasons for refusal must be recorded in writing, as per the Indian Registration Act, 1908 and the Orissa Registration Rules, 1988,” he further observed.The court directed the sub-registrar to accept Barik’s sale deed for registration if it is presented. Once registered, the document must be returned to the petitioner within three days.Disposing of the writ petition, the court reiterated that procedural compliance cannot override legal rights vested in a co-sharer under statutory provisions.