• Joint ownership of land

We are having a land in joint ownership of 4 persons

We want to sell our share of land.
We are in need of money.
The other three owners are trying to throw out my rights from this land.
They do not want to talk to me and are saying i am not the owner any more.
We are having duplicate registered deed (executed on 2000) clearly indicating my name along with three other owners.
Please help
Asked 9 months ago in Property Law from New Delhi, Delhi
Religion: Hindu
1. If that is so then to get your 1/4 share and separate possession you have to file a suit for partition.
2.In the said suit you have to seek injunction as well so during pendency of the suit the other co sharers may not sell  your share to frustrate your claim.
3. DO not waste time and take action asap on the above line.
Devajyoti Barman
Advocate, Kolkata
5146 Answers
54 Consultations
4.9 on 5.0
By saying you are not the owner anymore does not oust your title to the land. Unless you relinquish your share it remains intact. You are free to file a suit for partition to cull out your separate share in the land. Once the division is done on court orders it can be sold by you. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1) you are having one fourth share in land 

2) you are at Liberty to sell the land under section 44 of transfer of property act without consent of other co owners 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
1) you don't need their permission to sell your share of land 

2) you can if you so desire give them first right to purchase your share 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
You can sell your undivided property to any body.  The other three owners cannot throw away you from your right.  If they forgery and manipulate the records, file a civil suit and criminal cases against them.  

If they are not cooperating, you have to file a partition suit in civil court. The court will divide the property into four parts and allots one part to you.  For further doubts you can contact me through Kaanoon.com. through phone consultation.
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
Since it is immovable property, the territorial jurisdiction will be Patna only.  You cannot file in Delhi.  You have to go to Patna to appoint Advocate. It may take 4 to 5 years for partition suit.  But you will get interim relief i.e. "Not to sell the property" until the partition suit is disposed off.  

You require Certified copy of Title deed (how to 4 people purchased the property). Court fee will be approximately 1% on the 1/4th value of the property (Govt rate).  Lawyers fee--You can pay approximately 50,000/- for complete case.  Your Advocate will appear on each and every date, but you should be present at the time of evidence (Chief and Cross).  Regarding other property you raise separate thread (query).
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
1) suit for partition has to be filed in Patna wherein land is situated 

2) it would take 25 years for suit to be disposed of 

3) your presence would not be required for each date 

4) you would need copy of regd sale deed wherein yiur one fourth share is mentioned

5) in respect of other properties source of funds for purchase of property is important . If they were bought out of joint family funds you can claim share in the said properties 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
1) you can issue legal notice for partition 

2) if your brothers refuse to give you share file suit for partition 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
The suit has to be filed in Patna i.e where the property is situated. You require the copy of the title deed of the property or any other document on the basis of which you claim title. The parties can be represented through their lawyer, in which event they do not have to appear personally except for witness deposition. In so far as the property registered in favour of brothers is concerned you have no right to claim a succession thereto.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
We want to sell our share of land.
We are in need of money.
The other three owners are trying to throw out my rights from this land.
They do not want to talk to me and are saying i am not the owner any more.
We are having duplicate registered deed (executed on 2000) clearly indicating my name along with three other owners.

if you are one of the joint purchasers, the co-sharers cannot deny your share in the property.  If you can find a buyer to purchase your undivided share in the jointly held property, you may go head selling the same without taking consent or permission from the co-sharers. They cannot threaten you in any manner. If they indulge in any such unpleasant activities, you may issue a legal notice to them to restrain from indulging into any such activities and also can sek partition and separate possession of your share in the jointly purchased property. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
We urgently require money by selling our share .
We all 4 share the land equally.
The other 3 owners will not co operate and will npt allow me to sell my share.
If you cannot find a buyer to buy your undivided share in the jointly owned property, you may have to file a partition suit and seek separate possession of your property which you can sell it at your own sweet will and wish. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
My land is situated in patna(bihar). But i reside in delhi and other owners reside in patna. Can a suit be filed in delhi court. 
No, you can file the suit in Patan only because the property situates in Patna.


What is the estimeted time the court takes to take its decision on such matters .
In the present situation it normally takes at least 5 years for disposal of such partition suits. 





We have other property also but in that my name is not legally inclided on papers. All these property belong to my elder and younger brother excluding me . We were in hindu joint family but our father expired long time back (35 years ago). Do i have any right to exercise on any of such properties.
Upon the intestate death of your father, as a legal heir you are entitled to a legitimate share in his properties left behind, you can file a separate partition suit for that.




What papers do i need to go to court.
You have to possess the original title documents in your favor along with other relevant papers indicating your title and other details. 




Will the stakeholders including i and other 3 will have to be present in court on each hearing.
The parties can be represented by their advocates also.
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0

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