Sell of immovable family property house without possession
Mar 26, 2026
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Property Law
► I hindu by religion received a family property a house as per an unregistered family settelment executed among family members in the year 2018 later on the same has been acknowledged and accepted by all family members vide court compromise decree in 2021.However every family member couldn't be put in seprate possession due to family wish and all properties were kept in joint possessions and enjoyment as in the same way as earlier.However names of every family members has been entered in revenue records of nagarpalika for their respective shares and since then everyone is paying house tax etc for their respective shares.I am in job and lives in other city my younger brother family is living on some portion of my property share, now I want to sell my property share but my younger brother not vaccatingI . The property is residential cum commercial situated in u. p district- sambhal in market and residential area and comes under nagarpalika boundries. Please clarify my below points-
1- can i , myself alone execute a registered sale deed to sell my property share (that comes to me on the basis of an unregistered family settelment that has been subsequently acknowledged and accepted by all family members vide a court compromise decree) in favour of anyone without consent of other family members or any one else?
2- whether preferential right clause will apply in this scenario?
3- will such a sale deed executed without delivering physical possession of property is legally valid and considered as sale completed?
4- A buyer is interested to buy my property share on as it is basis where physical possession will be taken by buyer himself after executing registered sale deed in his favour . Whether mentioning such condition in sale deed that possession will be taken by buyer himself and seller will not be responsible for it in any way , wil not invalid sale deed?
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