Co-sharer can sell property without others' consent

IN a significant ruling, the Orissa High Court has clarified the legal position on the rights of co-sharers in joint properties, asserting that they can validly transfer their undivided share in a joint property without requiring consent from other co-owners.

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The single judge bench of Justice Ananda Chandra Behera delivered the judgment recently while disposing of a petition filed by Padmini Barik. She had approached the court after the sub-registrar of Basudevpur in Bhadrak district refused to accept her deed of sale for registration, citing lack of consent from her co-sharers. The petitioner contended that such refusal was arbitrary and not backed by any legal provision.