Co-Owner Consent When Selling a Share in Jointly Owned Property in Uzbekistan: What You Need to Know

Can You Sell Your Share Without the Other Owners' Consent?

Yes, selling a share in jointly owned property without the other co-owners' consent is technically possible — but only if you strictly observe their right of first refusal. This means that before offering your share to an outside buyer, you are legally required to first offer it to the existing co-owners on the same terms and at the same price. In my practice, I frequently see this step overlooked, which inevitably leads to litigation and the risk of the transaction being invalidated.

Key points to remember:

• Co-owners have a statutory right of first refusal — they must be given the opportunity to purchase your share before any third party.
• The offer must be made in writing and set out the specific terms of the proposed sale.
• Notarial notification is the most reliable way to formally establish the fact and date of notice.
• Only after co-owners have declined (or the legally prescribed waiting period has elapsed) may you proceed with an outside buyer.

---

How to Properly Notify Co-Owners

Uzbek law requires that every co-owner be notified in writing. In practice, the most dependable method is notarial notification: the notary drafts and dispatches the notice, then issues a certificate confirming delivery. This creates indisputable evidence that each co-owner was duly informed.

Depending on the co-owner's response:

• They agree to buy — you are obliged to sell your share to them on the stated terms;
• They decline in writing — you may proceed with a third-party transaction immediately;
• They do not respond — you must wait for the period prescribed by law (confirm the current timeframe with your notary), after which silence is treated as a refusal.

Important: If you subsequently change the price or any material terms in favour of the new buyer, the entire notification procedure must be repeated from the beginning.

---

Step-by-Step Overview: Selling a Share in Jointly Owned Property

---

Documents to Bring to the Notary

• Seller's passport (and identity documents of other co-owners if they are attending in person)
• Title documents for the property (sale and purchase agreement, certificate of ownership, extract from the property register, etc.)
• Documents confirming the size of your share
• Details of each co-owner: full name and address for notification purposes
• Draft sale terms (price, payment arrangements, timelines)

I always recommend preparing a complete document pack in advance — this typically allows the entire procedure to be completed in a single visit and avoids unnecessary delays.

---

Frequently Asked Questions

Is co-owner consent required if all owners want to sell their shares simultaneously?

The right of first refusal applies only when a share is being sold to an outside party. If all co-owners are selling the property together to a single buyer at the same time, no separate notification procedure is required.

What happens if I sell my share without notifying the co-owners?

Any co-owner may apply to court to have the rights and obligations of the buyer transferred to themselves. Such a claim may be brought within the period established by law. The transaction is at serious risk of being challenged and set aside.

Can I notify a co-owner via messaging app or phone call?

This is legally unreliable. A court may refuse to accept such notification as proper evidence. Written form is mandatory; notarial notification is the optimal solution.

How much does notarial notification of co-owners cost?

Notarial fees are reviewed periodically. Please confirm the current rates with your notary at the time of your appointment.

Must the share sale and purchase agreement itself be notarially certified?

Yes. Transactions involving shares in real property generally require notarial certification under Uzbek law. The notary verifies that the right of first refusal has been observed and that the transaction is lawful in all respects.

---

Disclaimer

This article is provided for general information purposes only and does not constitute individual legal or notarial advice. Specific timeframes, fees, and procedural requirements may vary depending on the circumstances of your case and current legislation. Always verify the details that apply to your situation directly with a qualified notary.

---

Contact a Notary in the Yunusabad District of Tashkent

If you are planning to sell or acquire a share in jointly owned property in Uzbekistan, do not delay seeking professional advice. A properly conducted notification procedure and a correctly executed transaction are the foundation of protecting your interests for years to come. Contact my notarial office in the Yunusabad District of Tashkent — I will help you assess your situation, prepare the necessary documentation, and complete the transaction in full compliance with the law.