3 Answers
Dear Sir,
Yes. Once a Partition Deed is validly executed and registered, each co-sharer becomes the absolute owner of the portion allotted to him, and he can sell his portion independently subject to conditions.
Exclusive Ownership Is Clearly Defined
The deed should specify:
Which floor belongs to whom
Common areas (staircase, lift, passage, parking, terrace, utilities)
Easement rights (right of access, water lines, drainage)
If the top floor is exclusively allotted, it becomes your separate property.
Independent access is NOT compulsory for sale.
However, right of way through common staircase/lift must be expressly mentioned in the partition deed.
Absence of access rights may create disputes but does not invalidate the sale.
If satisfied them give rating.
Hello,
If the partition deed is registered and the person selling the top floor is entitled to do so as per the deed of partition, in that case he/she is rightfully entitled to sell such portion irrespective of the facts whether it is residential of commercial.
However, before entering into any such agreement one must ensure that he or she is rightfully entitled to sell the same in accordance with the deed of partition.
For further query resolution feel free to reach out to me through OLQ.
Yes, he can sell his share.