• How do I get partition deed and free from joint property well and steps

I got half share slabed house from mybgrand mother (mother of my mother) i want to reconstruct a new house by follwing my share ..but steps and well is in my side share but in joint enjoyment .how do i free from joint property ..how do i get renovation permission from court ..how do i get pertition deed ..my copersoners are objecting and planning to get more share istead of steps ..so intentionally they are abjecting to construct the house in my share
Asked 5 years ago in Property Law
Religion: Hindu

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20 Answers

It seems the partition of the property hasn't been done yet. File a partition suit against all the coparceners. 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

For this you have  to file a partition suit immediately. You shall be allotted your share.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Actually partition deed can only be executed with consent of all share holders & legal heirs. Without that it is not possible to do so. Otherwise you need to file partition suit for getting the share partitioned. But you can sell your share if there is no injunction from the court in the same. 

Prashant Nayak
Advocate, Mumbai
34599 Answers
249 Consultations

Please go for partition suit before Court of Law and get property divided amongst your relatives as per precedence and provisions of Law.

This would give you relief for the life time.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You first go through the partition deed to ascertain your share,  identify your share of property,  get it demarcated through a surveyor. 

You will be objected to this by the other shareholders. 

Hence you apply for partition of property as per the recital of the transfer deed by filing a suit for partition before court competent and get the property partitioned through court after which you can construct the house as desired by you. 

T Kalaiselvan
Advocate, Vellore
90090 Answers
2503 Consultations

You first issue a legal notice to them seeking an amicable partition by mutually agreed terms and conditions. 

If there's no response or they are not cooperating you may approach court with a suit for partition as suggested in my previous post. 

You can discuss with your advocate and proceed as per the advice rendered. 

T Kalaiselvan
Advocate, Vellore
90090 Answers
2503 Consultations

File suit for partition for division of property by metes and bounds 

 

2) seek injunction restraining sale of property by your siblings 

 

3) without court orders  you may not get permission to carry on construction as it is joint property and consent of other co owners would be necessary 

Ajay Sethi
Advocate, Mumbai
99890 Answers
8153 Consultations

If other co owners are not willing for partition deed file suit for partition for division of property by metes and bounds 

Ajay Sethi
Advocate, Mumbai
99890 Answers
8153 Consultations

1. Registered Partition Deed is possible only if all the parties sign on partition deed with mutual consent signatures, which in your case seems not possible, because of objections etc....

2. However, you can file a "Partition Suit" in the local Civil Court, for entire arrangement & declaration and seek order for redevelopment of your side of the property and demarcation of property and if required for mutual sharing common facilities.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Partition Deed can be executed when all the parties agree to the terms and conditions of the deed.  In this case, the parties disagree.  Hence, contact a good local civil lawyer, file a suit for partition by metes and bounds and obtain a decree from the court.  This would definitely sort out the issue for ever. Till then obtain stay order. Good luck.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

Either you mutually do partition deed and get registered. If other party is not listening then you apply for partition deed in the court.  Initially he can make repair as it is look like by taking current photos of the house in the different angle and submit in he grampanchyat or municipal corporation for repair of the house and you can built a house in new construction but it will be on based of old structure and layout. For this your copacner will not take objection and he don't have too.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

File a specific performance suit in court to seek the court orders to demolish the old house and build a new one

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. You got half share but if the share is undivided then remedy in your hands is to file a suit for partition to divide the property through metes and bounds and take the separate physical possession of your share in the property. Partition alone can sever the joint character of property.

2. Engage a local lawyer.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Sir,

You are suggested to file a suit of declaration, partition and injunction suit in the District Court making all concerned persons as party. The court will decide the matter in due course and the things will be solved accordingly. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

- As you got your share , then it become your self acquired property , and none can stop you from constructing the house in the said share. 

- Since, others are creating hurdle in your construction of hose , hence try to amicable settle the matter after preparing the Settlement .partition deed and registered then same in the office of Registrar.

- If they not agree, then file a suit for Partition and Permanent Injunction before the court. 

Mohammed Shahzad
Advocate, Delhi
15836 Answers
242 Consultations

If the property is not divided and identified by boundaries, then you need to file suit for partition, and also file an application seeking injunction against co-owners from interfering / disturbing with your possession.

You need to get no objection from others for construction / renovation.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Yes, get the partition done, obtain permission for demolition and proceed.

If they are not cooperating, then approach court by filing  partition suit seeking partition by metes and bounds and allotment of your share. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

You can approach the jurisdictional court. The court may divide the property in kind: dividing each person's share or it may sell the property and divide the proceeds based on each person's share to it. You can approach an advocate to assist you.

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

When all the party in interest of the property agreed then it easy to patiition by way of partition deed.but when any among the interested party non agree the file a suit for partition in a civil court where the property is Situated and you get the proper relief

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

 Yes you need to file partition suit for distribution of undivided land of house and reconstruction of house. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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