Hello sir i have a question regading my problem there is a three storey house ..we are living in another house which is two storeyed ...in my three storyed house on ground floor there is a tenant ..on the the first floor ,my sister resides and her husband too and on the second floor another tenant lives..the property registered is of my mother name and now she is no more . i have to raise capital for the marriage of my sister ...the sister which resides on first floor is not agreeing to the fact that the house when it will be sold the money will be divided among other siblings &including my father...so my question is that i am in lucknow & can the individual floor be sold instead of house and can separate connection of water and electricity bill be done
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A partition suit has to be filed in the district civil court and your sister should be made a party. The house shall be divided and the proceeds from the sale of the house can then be divided.
Regards
A property registered in your mother's name can be divided amongst her children and your father is not a shareholder in that property.
See you can partition property mutually and then you can sell your share of the property if they do not agree for same then you have to file a suit for partition seeking equal share in case the property cannot be divided by meats and bounds the court may order to sell same devide proceeds.
1. On death of your mother her property s libale for equal divsision among all her legal heirs.
2. So each one of you can , in absence of unanimity, can sell their undivided respective share and there is no legal impediment on this.
3. Another option is to file a suit for partition.
Dear Client,
Separate floor may be sold. And on the basis of the separate individual ownership, water and electricity connection may be taken.
Yes it's possible, you can sell your share if all parties mutually agree or you can file partition suit
you need for file partition suit and then only you can sell the share after you get the order of partition in your favour. As the property is not legally partitioned presently you cannot sell the same.
You can either arrive at a family settlement to divide the property among all the legal heirs your mother if everyone agrees for the same or a suit for partition has to be filed in order to get your share.
After that, you can sell the property.
First mutation of house is to be done in name of legal heirs
2) then only you can sell one floor of the house to third party
3) he can obtain separate electricity and water connection
you need to partition the property through family settlement or by way of filing a suit in this regard,
you can sell your share,
and can obtained separate water/electricity connection
Dear Sir,
Yes, you can sell individual floor and get separate connection of water and electricity bill.
Yes, no issues at all.
If the property is on your mother's name, then you canot sell any portion of proeprty until it is properly partitioned and you have been allotted with your share in the property.
The solution for this is to file a partition suit if one of the shareholders is not agreeing for an amicable partition of joint selling of the property
Dear sir
Yes you can sell individual flat also but for that also you should have the permission of all the legal heirs of your mother. And yes you can get different connection of water and electricity by moving an application in the concerned department if still they say we can provide different connection only on different name then it can be done after selling the floors.
