Dear all My father had a 2 BHK flat in MUMBAI in a co-operative society, after his death we 4 brother A,B C, D became equal co-owner, A was living in the flat with family B,C, & D live in Kolkata & all are above 70 yrs age 3 years back A passed away, after which his 3 sons nominated A wife name as co-owner in the society, Now the ownership is in name of A's WIFE, B , C & D. Now B want to sell the flat for which C & D agree, BUT A,wife who is OCCUPYING the flat with his one son & son wife, Refused to Vacate the flat or buy other 3 owners share. A's wife refused any talk with other co-owners & asked to go to court. 1....what recourse in law i have to get my (B) share 2...how can I force A,wife & family to vacate the flat & sell it. 3...Can i ask them for fair rent from A,wife from back date or till the case is settled( if i move court ) 4..Can i move High court directly instead of first going to lower court as property market value above 4 cr & circle value 2.5 cr Vaibhav
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You have to file suit for partition for division of flat by metes and bounds
2) you have one fourth share in the flat
3) in case flat is incapable of being divided court will direct sale of flat
4) you cannot force A wife and family to vacate the flat
5) if the market value of share is one crore then you can file suit directly in HC
1.Filing of partition suit is not only option.
2.Since widow of A is co-sharer of the flat she cna not be evicted from it by lawful recourse.
3. Yes, she can be forced to part with rent of the same.
4. Sorry, you have to file suit for partition in local civil court only so the court can direct selling the same and divided the sale proceeds amo0ng all the legal heirs.
1. On the demise of your father his flat devolved through succession on his children and widow equally.
2. Now if some of the heirs wish to sell their share they have to file a suit for partition to separate their share and then only it can be sold. However, the sale of flat in portions is neither practically possible nor financially feasible. So better convince A's widow to sell it and distribute the sale proceeds among the heirs of your father.
3.A's widow cannot be vacated from the flat as she has a share in it.
Dear all 1...Is the partition suit the fastest method to get relief in High court or any other type of case can be filed to get the flat vacated from A's Wife & family & then sell. 2... how many MINIMUM years it normally takes in Mumbai high court for such partition suit of a flat to get the final order, can you refer any case law where similar dispute was there.... 3...its 2 room flat & in no circumstance whatsoever, it cannot be partitioned in 4 parts. can we get the interim relief of the occupancy of atleast 1 room under our lock& key till the case is dispose off, though Presently BOTH ROOM are in possession of A family 4... Can we get the interim order for getting a FAIR RENT from A family till the case is disposed off.. can you Refer any similar Case Law where the fair rent was awarded to other co-owners till the case was disposed off. 5... Can you give the rough idea of the stamp duty / court fees in Mumbai High Court as the total value of flat is 4 cr but my 25% share value is 1 cr would request you to reply point wise as 1.2.3.....
1) partition suit is the best option '
2) case would take around 15 years to be disposed of
3) you can seek orders that you may be permitted to stay in one room in said house and place it under lock and key
4) maximum court fees is Rs 3 lakhs
1. Partition suit will take years to be decided in Mumbai HC. As I said before, a co-owner cannot be evicted from an undivided property.
2. We cannot refer you can case law, nor would it help you.
3. You are free to file a suit for recovery of your share in rent. Don't run after case laws as facts of every case are different.
4. A local lawyer alone can tell you the ad valorem court fee to be paid.
1....what recourse in law i have to get my (B) share
File a partition suit and claim separate possession of your particular share in the property.
2...how can I force A,wife & family to vacate the flat & sell it.
You cannot force her to vacate because she is a co-owner and has equal rights as what you have, hence you can seek only partition and your share in the property that too only by due process of law. and not by coercion or force.
3...Can i ask them for fair rent from A,wife from back date or till the case is settled( if i move court )
You can fix a rent on the whole and can claim your share of rent but that can be processed by an application before court,
4..Can i move High court directly instead of first going to lower court as property market value above 4 cr & circle value 2.5 cr
It depends on the value of your share for the pecuniary jurisdiction.
1. There is no other relief for you other than partition suit, even if it takes years to get disposed.
2. It will take several years for a partition suit to get disposed.
3. There is no provision for such an arrangement, if it is not possible to divide the property into four equal parts, then the court may order the property to be brought to sale and the sale proceeds shall distributed equally to all the shareholders.
4. You may apply for interim relief of sharing of rent and direct the occupant to deposit the rent before court and to allot you your share till the disposal of the main suit.
5. The court fee is a local subject which can be confirmed from court directly or through an advocate practicing in Mumbai High court.