Section 44 of the Transfer of Property Act does not invalidate sale by a co-owner.

In view of the aforesaid, in the considered opinion of this Court, even Section 44 of the TP Act does not come to the aid of the plaintiffs for the reason that the house property was not joint dwelling house of families of all three brothers and also on the ground that Section 44 of the TP Act does not prohibit sale of property by a co-owner. 

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

SPONSORED

Second Appeal No. 91 of 2025

Decided On: 16.10.2025

Saroj and Ors. Vs. Umesh and Ors.

Hon’ble Judges/Coram:

R.W. Joshi, J.

 Citation: 2025:BHC-NAG:11283, MANU/MH/6940/2025.

Read full judgment here :Click here.

Print Page