• 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 7 years ago in Property Law
Religion: Christian

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9 Answers

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.

Shashidhar S. Sastry
Advocate, Bangalore
5182 Answers
316 Consultations

5.0 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

There will be no cause of action to approach the Human Rights Court. 

Approach the DJ and file an application for an expeditious hearing 

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

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?

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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