• Securing possession of fifty percent of my apartment

My deaceased mother flat in a cooperative society was divided by mother by will.my elder brother on being nominee became a member. I got the will probated and also filed a suit. The verdict was given that both of us were jont owner of the property. The society accepted me as a joint member and issued share certificate. Now since my elder brother is staying their can i go and claim my portion. Can he in any way prevent me from doing so. What would be the legal if he denies my claim of staying there
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Asked 7 years ago in Property Law
Religion: Hindu

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10 Answers

You are joint owner of flat

2) you have right to stay in said flat

3) if your brother refuses file suit for partition for division of flat by metes and bounds

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

1. If the civil court declared you and your brother as joint owners then both of you have have the right to reside in the undivided flat. In an undivided property the share of every joint owner is fixed but not specified. You can install your lock on your room. He cannot prevent you from entering the flat, residing in it and installing your locks on your room(s).

2. If he stops you from enjoying the peaceful possession of the property then you may file a suit for permanent injunction against him in the civil court.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Yes you can go and claim your portion no he cannot because you are joint owner of the property.

if he denies you can file a police complaint for illegal restraining you on entering own property and further file a suit of partition in the civil court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello,

Yes you may go ahead and take possession of your part. If he denies to do so or create some problems then file a suit foe partition of the property and get the title of your property on your name.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

It seems your previous question was answered.

This is my response to you:

1. You can sell your portion of your property;

2. But if the purchaser won't buy it since the half portion belongs to your brother;

3. Also, it is better you and your brother sell off the property for a profit sharing at 50-50;

4. You can also approach the court and sell it by auction;

5. There should be amicable settlement of the property otherwise it would only fuel more disputes.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

hello,

you own half the share of the property. you can either divide the flat as per your convenience or can let your brother have it and take money in return. your brother can also give the flat to you in return for money. he cannot deny you your portion.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Since you are co sharer of the said flat you are entitled to its half share both in paper and in possession.

2. Now if your brother refuses to do as I advised earlier on your similar query before you can file a suit for partition wherein you can seek declaration of its half share and separate possession.

3. now since the flat is likely to impartible then the court can direct its selling so the sale proceed can be divided equally between both of you.

So act accordingly.

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

Yes, you can claim your portion in the property being the joint owner.

Your cannot do anything to restrain you from claiming Your portion in the property.

If he does so, you can file a suit for partition of property in civil court.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Dear Client,

Your claim in the house already upheld by the court, if he do not allows u, file execution of order.

You can also file contempt if he denies your claim.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

If he denies to give your share in the proeprty or refuses to allow your entry into the house, you may file a partition suit seeking partition of the proeprty on metes and bounds and separate possession of your share in the property.

The court will decide how to partition and if it is not feasible then to bring entire property into sale and divide the sale proceeds between both the share holders.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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