Priyanshu
In a recent decision, the Allahabad High Court has reinforced the principle that a co-owner cannot be restrained from selling their undivided share in a jointly owned property. This ruling came in the case titled “Sanjay Kumar Tripathi And Another vs Suryakali Tripathi” MATTERS UNDER ARTICLE 227 No. – 1015 of 2024, where the bench, comprising Justice J.J. Munir, addressed the issue of whether an injunction could be granted to prevent a co-owner from alienating their share.
The case involved a dispute between co-owners of a property, where one party sought to prevent the other from selling their undivided share. The plaintiff argued that such a sale would disrupt the joint ownership and negatively impact the value and usability of the entire property. The trial court had initially granted an injunction, restraining the defendant from selling their share, which led to the appeal before the High Court.
In its judgment, the Allahabad High Court set aside the trial court’s injunction order, emphasizing that under the law, each co-owner possesses the right to freely transfer their undivided share of the property. The Court cited established precedents and legal principles, highlighting that a co-owner’s right to sell their share is intrinsic to their ownership rights and cannot be curtailed without substantial legal grounds.
The High Court observed that joint ownership inherently includes the right of each co-owner to deal with their share independently, provided that the rights of other co-owners are not infringed. The Court also pointed out that the apprehensions regarding potential inconvenience or loss to the other co-owners cannot serve as a valid ground for restraining the alienation of the undivided share. Instead, the remedy for the aggrieved co-owners lies in seeking partition of the property, where their respective shares can be demarcated.
The judgment reaffirms the legal position that the right to alienate an undivided share is an inherent aspect of co-ownership and cannot be easily restrained by other co-owners.
Case Title – Sanjay Kumar Tripathi And Another vs Suryakali Tripathi
Case Number – MATTERS UNDER ARTICLE 227 No. – 1015 of 2024
Bench – Justice J.J. Munir