Buyer of shared property can’t claim exclusive right over a portion: Punjab and Haryana High Court

Saurabh Malik

Advertisement

Chandigarh, April 21

In a significant judgment on the rights of a buyer purchasing a portion of land in a shared property, the Punjab and Haryana High Court has made it clear that his status will be that of a co-sharer. Even if the “khasra” numbers are mentioned in the sale deed, the purchaser cannot claim exclusive rights over the same.

Division of land in proportion to share

It is settled law that land on the road has to be divided amongst all co-sharers in proportion to their share in the total land holding. Justice Vikas Bahl, High Court

The ruling by Justice Vikas Bahl came in a case where the petitioner-buyer’s stand was that he purchased specific “kila” numbers from a joint land. As such, she should be allotted the same “kila” numbers. She moved the High Court after the authorities concerned observed that the sale of a specific “khasra” number by a co-sharer from a joint “khewat” would be deemed to be sale of a share of the land.

The vendee-purchaser would be deemed to be a co-owner/co-sharer in the entire joint “khewat”. She could not claim exclusive right to any specific “khasra/kila” number.

The authorities added that the land was required to be partitioned in accordance with its valuation. Merely because a co-sharer was able to cheat the co-sharers by selling land on the road front, the purchaser could not be permitted to claim its exclusive right. On the other hand, the petitioner’s argument was that she purchased land “in specific khasra numbers” and took its possession. As such, she should be given the said land. Her plea was rejected by the Financial Commissioner after relying on High Court judgments.

Justice Bahl asserted that it was settled law that land on the road was required to be divided amongst all co-sharers in proportion to their share in the total land holding. As such, the orders passed by the authorities were in accordance with the law.

Referring to a full Bench judgment, Justice Bahl asserted: “When a co-sharer alienates his share in a joint holding, he sells what he owns –– a joint undivided interest in the joint property. Thus, a sale mentioning specific khasra/kila numbers forming part of a specific rectangle number, but being a part of the joint khewat, would be deemed to be a sale of a share from the joint khewat and the purchaser would be deemed to be a co-sharer in the entire joint khewat.”

Justice Bahl said the purchaser could not claim exclusive rights over the “khasra” numbers mentioned in the sale deed to the exclusion of the other co-sharers. The authority concerned correctly observed that permitting a co-sharer to sell land close to the road by mentioning specific “khasra’ numbers in the sale deed, and courts giving rights on its basis when co-sharers were not even a party, would amount to injustice to them.