• Partition of flat

We have a flat in Mumbai in the name of my mother and fathers sister (50-50). We all have been living their for the past 10 years.  Over the last 3 years our family and my aunt have not been in talking terms and she wanted to buy the whole house and we were ok to except the 50% and move out.
We were having a discussion with her over the past 3 months and she started out with an initial offer of 15% to us and moved up to 25% currently. She has been trying her level best to irritate our family so that we leave. Recently my father received a call from a human rights group about mental stress my aunty has to go through because of us. 
I wanted to know what options we have,
1.  Can i file for a partition in the court and do i lose money from my share when i do that?
2. What is the rate at which the house will be sold (who sells it) if we file for a partition in court.
3. If we file for a partition can the two parties continue to live their till settlement?
Or is their a better way to do this?
Asked 2 years ago in Property Law from Thane, Maharashtra
Religion: Christian
1) suit for partition can be filed . your  family wont lose its share if you file suit 

2) if property cannot be divided court will direct sale of flat . it should be sold at market rate . 

3) you can continue to stay in said flat pending hearing and final disposal of suit . 

4) better is to enter into settlement with aunt . sell flat and divide flat proceeds equally 

5) partition suit would take years to be disposed of 
Ajay Sethi
Advocate, Mumbai
24665 Answers
1320 Consultations
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Hello,
1) Yes your mother can file for partition as she is a joint owner and is being compelled to move or part with her share.

2) Filing a suit for partition does not in any way diminish the right of your mother. She is an absolute 50% owner as long as the property is a joint one.

3) Legally your aunt's option is to buy out 50% from your mother or sell the property and share the property equally.

4) Your mom can send a legal notice to your aunt to either buy out the 50% or compensate you with the proceeds from a sale or come for a settlement. This will help.
S J Mathew
Advocate, Mumbai
1961 Answers
68 Consultations
5.0 on 5.0
1. Ignore the calls from the human rights group as it has no authority to interfere. If your aunt is facing harassment then she can go to court.

2. Your father and also your aunt is at liberty to file for partition to cull out their respective shares in the property. You will not lose your share if you file for partition.

3. After partition your mother and aunt will be able to sell their respective shares. The seller and the buyer can agree on any amount for sale.

4. Filing for partition does not mean that disputing parties are to stop living together under one roof.


Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
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if your part can be easily separated from other then you can sell it otherwise not. she has right of pre-emption in your part of house. if she is agree to give market value of the house then you must sell this house to her. if she is disagreed then you are free to sell it to any person. 
you should evaluate your house by any certified valuer. he give the exact price of your house then make an offer to your aunt on the same  price in writing. if she refuges then she can't avail pre-emption right.
you can execute a family settlement deed or file suit for partition. but former option is better for you. 
Shivendra Pratap Singh
Advocate, Lucknow
2871 Answers
43 Consultations
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1. Your mother can file a partition suit. I do not understand what share of money you are talking about. Your maother will get 50% share of the property which she can sell and get money,

2. The property will finally be devided by meets and bounds and after that you shall have to find your own buyer and the price at which he will buy it. In case it is a dwelling house where both the share holders are staying, you shall have to offer to sell the co-owner your share of the property at the price offered by your buyer,

3. Yes, both the parties can stay together and contest the partition suit.

Krishna Kishore Ganguly
Advocate, Kolkata
12698 Answers
261 Consultations
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