• Buying of undivided property

I have bought  an apartment in year 2011. The case is as follows. After the death of mother two son and one daughter became the co-owners of the Property. They decided to use it for promoting apartment. After completetion of the project they were provided with apartments in the same floor eg. flat 3, flat 4, flat 5. They mutated thier names in the municipal corporation against the possession letter. They dont have any Partition deed. They have been alloted separate asssese number for each property.But since they dont have any partion deed corporation declared it as a undivided property, which is not . They all have been alloted separate apartments. In the year 2011 the elder brother sold his portion to me. I was not aware of such matter even the lawyer we appointed was also not well versed with this scenario. By the virtue of possesion letter they all are enjoying their portions. Even the property was registered properly but when we went for mutation we are unable to do so. The reason is that they dont have any partion deed. Now the junior brother is totally debt ridden and in no way is able to pay any money for partion deed. In this scenario what is the option that we can opt so that mutation is done in our favour.
Asked 2 years ago in Property Law from Kolkata, West Bengal
they can enter into deed of family settlement . or partition deed . since one brother is totally debt ridden his share can be borne by other brother and sister . you can if you so desire also contribute for payment of stamp duty and registration charges so that your title becomes clear and marketable
Ajay Sethi
Advocate, Mumbai
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1222 Consultations
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the above answer is correct, you should have entered this sale deed with all the family members .
K. Mohan Kumar
Advocate, Chennai
10 Answers
8 Consultations
3.8 on 5.0
go for settlement deed
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Has the sale deed been made with respect to the share which your elder brother sold to you? If the partition deed has not been made then on what legal basis do you claim the property to be 'divided' in nature? Enter into a partition deed or family settlement now. The elder brother who has sold his part of property to you need not be a party to the settlement.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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you ought to have done due diligence before purchase of property . if muncipal taxes are not paid muncipal corporation with attach their share in  property and sell it to recover dues . 

if you are willing to pay stamp duty for partition deed or deed of family settlement they may agree to sign the documents and register it . as on date your title is not clear and marketable .
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
is brother willing to give power of attorney to any of his relatives for signing deed of family settlement and for registration purposes? in the event they are un willing to do so better contact a local lawyer and move consumer forum against the entire family for deficency in service . mention that mmutation cannot be done in your name as no partition deed has been made among family members . 

in the alternative let sister file partition suit against her brothers for divison of property by metes and bounds . you can sponsor the litigation expenses .
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
You have earlier mentioned that your elder brother sold his portion in the property to you. Hence, he does not have any rights in the property now, in which view of the matter he does not have to sign the settlement. Only you and your sister have to be a signatory to the settlement.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
I will again reiterate that if your elder brother sold his portion in the property to you and a sale deed was made then he ceased to have any rights in this property. You and your sister are the only share holders in it. 

If your sister does not lend any cooperation then apply for partition to divide the property.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
This is what you mentioned at the outset  "In the year 2011 the elder brother sold his portion to me." 
You ought to have first identified yourself and then mentioned that you purchased the part of a property belonging to three siblings, and this property is undivided. By omitting to mention the same you have made your simple query perplexed in nature. 

The core issue involved in your query revolves around your rights in the part of property purchased by you from one of three siblings. At first you should bear in mind that allocation of different assessee number does not make the property 'divided'. If sale deed has been made then you may proceed to separate your share from the property by filing a case for possession. You are liable to pay municipal taxes of the portion of property which has been purchased by you as the purchaser of a property inherits all the debts relating thereto for which the seller was liable prior to sale.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Move court against the person who sold you his part of the property, and his siblings. File a case for affirming your ownership rights in the property and dividing your share.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
rightly advised
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
you had mentioned that mutation of property has been rejected by the Sub registrar on grounds that  no partition deed has been made by the legal heirs namely sister and her 2 brothers . 
accordingly i had advised you that sister can file suit for partition against her brothers . since brother refuses to attend court and sign documents  she could have got exparte decree 

in the alternative you can file declaratory for declaration that you are the owner of your portion . make sister / bothers party to the suit .
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
thanks for your appreciation . since brother /sister have not even paid property taxes they would hardly spend money on legal fees . if they fail  to engage a lawyer and file appearnce you would   get  a order from court easily .
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
I have already advised you to file a suit for your ownership in court against the seller and his siblings. If they do not appear in court after they are issued a notice for appearance by court then it augurs well for you as the court will then readily pass an order in your favour. Court does not wait till perpetuity for a person to appear and contest the claim filed against him.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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