• Sale of my flat

Dear Sir,
 I am Himanshu Shah resident of mumbai. I have a flat in joint name with my elder brother. He don't want to sell flat he just want to hares me. At present I have posession of flat, he is staying on rent from last 2 years. He has admitted to buyer that he will co-operate with him as well as with me. I have all what's app chats as well as call recording with buyer that he will co-operate in selling of flat. Now he is demanding as well as giving me threat that I must leave my flat as now he want's to stay in our flat for next 2 years, then he will sell this flat.What are my rights in this case, Can I file any case against him as he is not selling our flat. Also can he do any legal actions against me to throw me out of my flat.

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Himanshu Shah
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

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12 Answers

He cannot throw you out as you are co-owner of the property.

Secondly file for partition of flat if he is not agreeing to sale since it is flat the partition by meats and bounds not possible therefore court shall order for auction sale of flat and divide money.

Therefore file partition suit on flat in the civil court at local jurisdiction

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You have to file petition in court tgen court will decide if the property should be sold wholly and consideration should be distributed between you or your brother should retain the property with 100% share and give you consideration of your share.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1. you can request your brother to buy your 50% share in the flat

2. if you have the funds then you can buy his 50% share and become full owner of flat

3. if neither is working then you can file a partition suit in High Court to have the flat sold and claim your 50% share in sale proceeds

4. you can also file an interim application in above suit not to dispossess you till final outcome of the suit

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

This is my response to you:

1. Since you both are co-owners of the flat you have nothing to worry being evicted;

2. You have 50% share of the property and are therefore 50% owner;

3. Collect all the oral and written and electronic evidences against him as they can be useful;

4. You can send him a legal notice to ask him to surrender his rights on the property;

5. If any disputes do happen then file a suit in the civil court.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

You are co owner of flat cannot be forced to vacate the flat

2) file suit for partition for division of flat by metes and bounds

3) court can direct flat to be sold if it cannot be divided

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

You cannot compel him to give his consent for sale of this flat.

This flat can be only sold with the consent of both you and your brother.

Also, he cannot evict you out, as you are a co-owner.

You both may maintain common possession upon this house and use it jointly in the ratio of 50:50.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0


yes you can injunction application against your brother as you both are holding it jointly so question is who has purchased the said plat.

it it is your own hard income than you can file suit against your brother.

no your brother can not throw out of the flat without following due process of law. if you feel insecure take legal action against your brother immediately.

Ashok Shivaji Gawai
Advocate, Mumbai
3 Answers

4.0 on 5.0

Co-ownership, or joint ownership, simply put is when two or more persons hold title to the same property. Tenants in Common: When two or more people buy a property but do not specifically mention the share that each has in the property, a 'tenancy-in-common' is said to exist..

you can file a partition suit in civil court for your share.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0


He can file a suit for partition of property and he may ask share in that flat.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. The chat and other call recordings do not constitute an agreement to sell, hence you cannot make him legally liable to sell the flat.

2. Since you are the co-owner you are free to sell your share but the buyer will have to file a suit for partition to seek possession of the share sold to him. It is most unlikely that any buyer will agree in the first instance to buy only a part of the flat.

3. He cannot throw you out of the flat legally as you are a co-owner, but if you apprehend that he may then you may file a suit for permanent injunction against him in the competent civil court,

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. SINCE the Flat is in JOINT names, both brother have equal ownership rights and residing rights in the Flat. One single brother CANNOT ask the other brother to quit or vacate.

2. In your own interest, TILL you are in SOLE possession of the Flat, you are safe for your rights. The moment other brother occupies the Flat, you will be in great legal trouble, for your rights.

3. You do not allow him for anything inside the Flat and he will be forced to go to the Civil Court for relief, which will take years. ULTIMATELY he will come down for settlement, which will be just and good for both of you.

4. You CANNOT sell the Flat without his signature on the Sale Deed, even if you go the court and the Flat being a single unit, you cannot file any partition suit, for division of the property.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

If you apprehend any danger that you may be ejected form the flat forcibly without following any process of law, then yo may file a partition suit seeking partition, separate possession of your share in the proeprty and also file an injunction applicatiion against him restraining him from indulging in any such illegal act that may endanger your habitation in that house proeprty till the disposal of the main suit for partition.

Let the court decide the fate of the property after hearing both the sides.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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