Possession – Co-sharer has right to transfer his undivided share but cannot put under in possession without physical partition of the undivided landed property.

Without there being any physical formal partition of an undivided landed property, a co-sharer cannot put a vendee in possession although such a co-sharer may have a right to transfer his undivided share. Reliance in this regard may be placed to a decision of the Court in M.V.S. Manikayala Rao v. M. Narasimhaswami and Others; AIR 1966 SC 470, wherein the Court stated as follows:

“Now, it is well settled that the purchaser of a co parcener’s undivided interest in the joint family property is not entitled to possession of what he had purchased. His only right is to sue for partition of the property and ask for allotment to him of that which, on partition, might be found to fall to the share of the coparcener whose share he had purchased.” (Ramdas v. Sitabai & Others; 2009(107) RD 780