1. You have to opt for bifurcation of Khata from the BBMP by submitting a prescribed application form along with the documents.
2. By doing so each of you shall be entitled to 20' x 30' = 600 Sq.feet.
Partition deed execution
Dear Sirs, Had jointly purchased a plot of size 30x40 sq ft with my co-brother in Bangalore in 2003 with an understanding that we will build a parking space in the stilt, 2 BHK in the ground floor and in the first floor and two separate rooms for each one of us with attached bath and the rest of the area for wash and drying in the terrace (this was not reduced in writing). We tastefully constructed & completed the house in June 2007 raising finance independently from the same public sector bank according to our income. In 2012, the bank pointed out and advised us to execute a partition deed indicating the super built up area in each one's share, common area and undivided share of the property and submit the original documents to the bank as loan documentation completion process. My co-brother denied to co-operate and execute the deed refusing to sign. Did not proceed in this matter further, thinking that time will heal the situation, how ever, things went from bad to worse, non maintenance of the building resulting in seepage, rusted gates, etc.. we are not in talking terms since then. In 2015, sought a legal assistance and sent a legal notice to my co-brother to come forward for signing the partition deed, but in vain, he refused once again and said that "HE WILL NOT PAY THE REGISTRATION CHARGES AND APPLICABLE STAMP DUTY" . In the meantime, my co-brother had closed his share of home loan in 2016. Recently, when we approached, he is asking me to close the loan to execute the partition deed. However, considering my past bitter experience with him, we do not want to proceed for partition as conceptualized earlier i.e floor wise with common areas and undivided share of the property, instead we want to share 20 x 30 sq ft in to 2 parts. So that each one of can live separately. Please advise.. Regards, Rajkumar
Asked 8 years ago in Property Law
Religion: Christian
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9 Answers
1.Well,division of joint proeprty can be made by way of mutual deed of partition.
2.However since it requires consensus among all the co-sharers in absence of it the suit for partition remains the only option to divide the proeprty among yourselves.
3.Soof any of the co sharers are unwilling to sign the partition deed you will have to file a suit for partition to get demarcated separate share and possession of your due share in the joint proeprty.
Since your co brother is joint owner of the plot and house constructed amicable settlement is best option
2) suit for partition take 15 years to be disposed of
3) repay the home loan and partition the house as mutually agreed upon
Dear Sir, He has not come forward to amicable settlement of the matter on earlier occasions. We have tried through third party for amicable settlement but in vain. We also, gave an option to buy out our share of the property at the fair market value, but he is not ready to pay. Instead, he is offering to pay only Rs.20 Lakhs as against value of Rs.1.7 Cr. My co-brother has earlier defaulted home loan repayment for six months and we were marked a copy of notice sent by the bank. But, we did not react or ask them for explanation about the default. We have been co-operative. He has fabricated a grill in the common area in the staircase leaving only just 2 ft for access. We did not raise any objection. This has resulted in misunderstanding in our family between me and my wife, I have become diabetic, for the last two years, lost interest until this matter is settled. I want justice and suitable compensation for breach of trust (IPC 405) and mental stress. Despite all our efforts to settle this matter amicably it has further aggravated the situation and not resulted in fruitful outcome. I suit of partition is initiated, should we vacate the premises till such time a judgement is given by the court or we continue to stay and lead normal life. Please advise further course of action. Regards, Rajkumar
Asked 8 years ago
File suit for partition for division of property by metes and bounds
2) seek an injunction restraining co brother from creating third party rights on the house and from disturbing your possession
3) contact a local lawyer .
4) don't vacate premises till suit is disposed of
However, considering my past bitter experience with him, we do not want to proceed for partition as conceptualized earlier i.e floor wise with common areas and undivided share of the property, instead we want to share 20 x 30 sq ft in to 2 parts. So that each one of can live separately. Please advise..
Having raised the structure on the vacant site as per oral agreement between you both and have been dwelling in individual houses as per the constructions, any partition in the maner what you demand now may not be maintainable.
The original plan for partition, if not found to be feasible, you can refuse to accept the proposal and can approach court with a suit for partition of property into two equal shares to be divided by metes and bounds and to allot one such share to you with separate possession. Let the court deiced about it and if it is found not feasible then the court may bring the property to sale and the sale proceeds would be distributed equally to both.
I want justice and suitable compensation for breach of trust (IPC 405) and mental stress. Despite all our efforts to settle this matter amicably it has further aggravated the situation and not resulted in fruitful outcome.
You canot get relief or remedy to civil matter through criminal law, you have to fight it out in the civil court alone.
I suit of partition is initiated, should we vacate the premises till such time a judgement is given by the court or we continue to stay and lead normal life.
You do not have to vacate the premises during the pendency of partition suit.
You can continue to reside in the same property even after the court has not considered your request and dismissed your suit, by filing an appeal till supreme court after which you can decide to give up the fight or to put up a fresh suit according to the prevailing situation a that time.
At any cost you should not leave the house now or during the pendency of suit becasue the danger of the opposite party occupying it and refusing to vacate is imminent and possible. After that it will be very difficult to evict him from your property.
Dear Sir, Have filed suit for partition (OS) with metes and bounds in April 2017. The case is in exparte in my favour (Plaintiff). The case is in the hearing stage. But, the defendant or his counsel are not appearing in the court to present their argument, seeking dates for the last 3 hearings. This is causing mental harassment to me and my family as well. Can we move simultaneously in the human rights court? Request your advise on further course of action at this stage to bring the defendant to justice. Regards, Rajkumar
Asked 6 years ago
If defendant does not appear in court to cross examine the plaintiff ours would pass preliminary decree of partition
2) commissioner would be appointed for division of property by metes and bounds
There will be no cause of action to approach the Human Rights Court.
Approach the DJ and file an application for an expeditious hearing
No case will be entertained by the Human rights commission on such subjects.
Since the court has passed exparte order, why do you expect the opposite party to attend the court?
You give correct picture so that you can get proper opinion and suggestion to your query.
What is current status of the partition suit?