CUTTACK: The Orissa High Court recently upheld the rights of co-owners in joint properties, stating that a co-sharer can sell their undivided share without needing consent from other co-sharers.
This resolution was issued by Justice Ananda Chandra Behera during a hearing regarding a petition from Padmini Barik. She contested the refusal of the Basudevpur sub-registrar in Bhadrak district to register her sale deed. Barik claimed her deed was rejected due to the absence of her co-sharers’ consent. The High Court deemed this refusal legally invalid.
In the judgment delivered on August 25, Justice Behera referenced Section 44 of the Transfer of Property Act, 1882, affirming that a co-sharer has the right to alienate their undivided share without needing approval from other co-sharers. Furthermore, he noted that registration authorities cannot refuse a sale deed arbitrarily if it is submitted by a co-sharer, even if it is executed without the consent of others. “If a document is not eligible for registration, the reasons for refusal must be documented in writing, as mandated by the Indian Registration Act, 1908 and the Orissa Registration Rules, 1988,” he added.
The court instructed the sub-registrar to process Barik’s sale deed for registration upon its presentation. Once registered, the deed must be returned to her within three days.
In closing the writ petition, the court emphasized that compliance with procedures cannot supersede the legal rights afforded to a co-sharer under existing laws.
