Section 418: Joint property may be sold by way of sale

1) A joint property may be sold and transferred with the consent of all of its owners.

2) Even though not all the owners agree to transfer the joint property pursuant to sub-section (1), any owner may transfer the property of his or her right or portion.

3) If, in making a transfer pursuant to sub-section (1), it is technically not possible to separate the right or portion of any owner from the joint property, and another owner intends to acquire such property, that other owner shall be entitled to obtain it at the price mutually agreed upon between the owners.

4) If more than one owner intends to acquire the joint property, the owner who agrees to pay the highest price shall be entitled to obtain such property.

5) Notwithstanding anything contained in sub-section (3), if the other owners do not intend to acquire the right or portion of any owner and it is not possible technically to separate such property, the whole of the joint property shall be sold and the proceeds of sale shall be divided between the owners according to their respective right or portion in that property.

6) If any person transfers the joint property in contravention of sub-section (1), only the transfer of the extent of his or her right or portion in such property shall be valid, and the concerned person shall be entitled to get the return of the property transferred in excess of the right or portion of the transferor.