It is well established principle of law that unless and until the property is partitioned, the co-sharer can only sell to the extent of his share, but he cannot sell any specific portion of the land

11. Thus, it is clear that when the property in dispute is joint in nature, then although the co-sharer can sell the property to the extent of his share, but he cannot sell the specific piece of land. A co-sharer can alienate the property only to the extent of his share and alienation of the property beyond his share is void. 

 It is well established principle of law that unless and until the property is partitioned, the co-sharer can only sell to the extent of his share, but he cannot sell any specific portion of the land.

IN THE HIGH COURT OF MADHYA PRADESH (GWALIOR BENCH)

Second Appeal No. 373 of 2001

Decided On: 07.03.2019

 Parmal Singh  Vs.  Ghanshyam and Ors.

Hon'ble Judges/Coram:

Gurpal Singh Ahluwalia, J.

Citation: AIR 2019 MP 131