• Partition Deed

Hello, We are 3 brothers owners of 2 acres of land and some constructed area (Single property) This has a valid registered document of partition deed with three equal shares.

Now i want to get seperated from the property and want sell out my share but my two brothers are not allowing me to do so and are not ready to sell their share.

As the area of share is not specified exactly but have equal share is making my life difficult to sell without my brothers support. 

In such scenario how can i proceed and what the law says in such situations? What should i do so that i can sell my share legally.
Asked 4 years ago in Property Law
Religion: Muslim

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17 Answers

This is my response to you:

1. You can call for the surveyour of the land and ask him to make the measurements of each person's share of the land;

2. After the demarcation has been done, then sell your share;

3. If your brother's still object then you have no option other than sending them a legal notice;

4. If they don't respond then you can sell your share to anybody because you have the right;

5. If they object then you have to approach court;

6. Also to comfort your brother's tell them that easementary rights will be with the control of the brother's therefore they need not worry.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

This is in further response to you:

1. Once you approach the tehsildar or collector office you can request for land surveyour who will assess the share for each and divide it equally for you;

2. If you do not agree to the same then you will have to file for a partition suit in the court;

3. The court will finally adjudicate each one's share;

4. This will take around maximum 8 months provided every brother of yours co-operates.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hi, it is advisable to file a civi suit for partition in court .. The court shall pass a a decree of ownership for the area that is u set your posession .. After , court decree you can sell of the property ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1) You can ask to you brothers to purchase your share otherwise give NOC for selling the land.

2) If is it possible to you rent or lease the property of your share for time being.

3) If anyhow you want to sell the property than file a partition case in the court against your brothers.

4) It depends upon court that how much cases are pending before your case in the court.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. The Partition Deed is defective, that is "IF" proper demarcation boundaries and layout areas are not mentioned. Further since some of the structure/s are a single unit, would mean that it is not divisible.

2. File for demarcation survey (based on the partition deed) and then file civil suit for directions to sell the demarcated property/s with proper directions to the other stake holders.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. There is no legal impediment in selling undivided share of a co sharer from the joint property.

2. however the purchaser can not take possession of such property till a partition is done by metes and bounds.

3. So since your share in not getting demarcated without which you may face difficulty is selling your share, to claim your separate possession you need to file a suit for partition.

4. In the partition suit the curt by final decree would demarcate your respective shares.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

See if the property is not divided properly in the partition deed then the partition deed is not valid further you have to file partition suit in the civil court based on the property documents and the registered partition demand partition by meats and bounds.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Further the court shall divided the property if it is dividable or pass such decree to sale property(if single structure which cannot be divided) and amount can be divide.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

It can take time as civil proceedings take time and it can take 2-3 years or more,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Under section 44 of transfer of property act co owner can sell his share without consent of other legal heirs

2) it is not necessary for your brothers to sell their share

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Purchaser can file suit for partition for division of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Even if brothers file suit court would not grant any stay for sale of property

2) at most they would be grant right to purchase your property

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

hello,

the deed only spells out the shares of the three brothers. a partition suit has to be filed in the civil court so that the matter is settled once and for all. give them a legal notice and if they do not respond then file a suit. the property must have been an ancestral one.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

In such scenario how can i proceed and what the law says in such situations? What should i do so that i can sell my share legally.

You can file a partition suit seeking proper partition by demarcating the boundaries and separate possession of your share in the proeprty.

First you issue a legal notice in this regard and wait for their reply, if nothing concedes then you may file a partition suit.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

It is a single property with three equal share and single document with 2 original copies of the same.

But the problem is that the three shares are not highlited for each share or declared on property Map. Its a combined property.

Proper partition with metes and bounds shall be the solution for this.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

My brothers are not ready to sell their share neither ready to purchase my share. They just want to litigate the matter.

You dont have to beg them, if they dont agree then you can file a partition suit seeking your share as separate possession, after which you can sell your share of proeprty independently.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Problem is that the three shares are not highlited for each share or declared on property Map. Its a combined property. 2 acres belongs to three partners now question is which part is my share or how much area is my share. And if i go for legal proceedings how much time approximately it will take.

The time taken for disposal of the partition suit cannot be predicted, however it may take between three to five years for disposal.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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