A has to file suit for partition for division of property by metes and bounds
2) court will not allow demolition of house
3) you need consent of other co owners for demolition of house
Division of built up house and land among family members
Property was purchased by my grandfather and registered in the name of his four children; son A (1) son B (2) son C (3) and daughter D (4) and one share for himself (5) and his wife (6) (grandmother). Altogether a total of 6 Shares. The sale deed is such that it mentions only the shares in the house but not the underlying land property. Assuming each person gets equal share of both house and undivided land. Now grandfather (5), grandmother (6) and daughter (4) have passed away (daughter was unmarried when passed) and all written their share in favour of son A, therefore Son A is having four shares of the house and undivided property. Now Son A wants to get his undivided shares totalling 4 shares and build a separate house. Now to do this the house has to be demolished and shares allotted by the court in the undivided land. Sons B and C having one share each are having objections to this as their undivided shares will not allow them to build another house as the land area will be very small. What is the process to getting the undivided shares alloted and separated from sons B and C and whether court will allow for demolition of existing house?
Asked 4 years ago in Property Law
Religion: Hindu
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6 Answers
1. Registered Partition Deed has to be executed between "A", "B" and "C", clearly demarcating the boundaries by metes and bounds.
2. "A" can convince his two brothers "B" and "C" to sell their individual share to you for which they can execute a registered Release Deed in your favour.
3. Or, if "A" , "B" and "C" agree, the property can be sold collectively and distribute shares proportional to their entitlement.
4. Without going to Court the
problem can be resolved by following the above procedure.
The person A has to approach court of law with a suit for partition to divide the property into six equal shares and to allot him with four shares out of them.
The court if not able to find a solution to the problem especially if one of the shareholders is not agreeing to the partition, then the court may bring the property to auction sale and allot the sale consideration amount to each as per their respective share in the property.
Partition suit is the remedy. Or settlement deed is also executed with every ones consent
Dear Client,
You can demand demarcation of your share and if he does not then you can file partition suit to get physical possession on demarcation of the property.It is done by dividing the property according to the shares to which each of the parties is entitled to in law as applicable to them.The partition deed is required to be registered at the office of the sub-registrar of the place where the property is situated as in case of any other registration. The stamp duty will be payable in such a case for each share of the property. Further, the registration fee will apply.
Thanks & Regards
A has to file a petition for division of the property and demolition of the existing structures at the district court. Then, the court may order partitioning of the landed portion by metes and bounds, after which A may proceed with construction of a new house over his share.
