• Stopping partner in land from selling or asking registration papers back

A plot of around 3600 Sq feet (400 Gaj) located in Sonipat,Patel Nagar,Haryana  is owned by two by two owners(A & B) in partnership as per plot registry papers.In more precise words both the owners had spend ed equal amount to buy the plot and name of both owners is included in registry papers with respective photographs.
Now registry papers is in custody of  one  partner(say B) with the will of co-partner(say A) since 10 years.Now when A is asking to give back papers so that selling process of plot should be initiated,B is refusing to give back papers and also not complying in the will of selling the plot. 
I want to know in terms of legal process how can A gets is papers back ? and if B will start any construction on plot ,how can be construction is stopped ? or how can A can stop B from any misbehave,forgery or by any other illegal means while which he can sell off plot.
NOTE:Both A and B are central government employees.
email: ashish.sarowa@hotmail.com
Please reply on email.
Asked 2 years ago in Property Law from Sonipat, Haryana
Dear Client,
The property purchased is a joint property of A and B. Both have equal undivided share in the property. If either party want document, the same can be had from the office of regisrar if needy party will apply for certified copy. Both parties are entitle to sell their undivided share to third parties. Without the partition no party is allowed to construct the house etc., If any ofthe party try to construct the house , the other party can  approach to civil court for injuction.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
Sale deed copy can be obtained from the office of the Sub-Registrar where the same was registered.If other party starts construction,sale etc on the plot,then you can file suit for declaration,partition and injuction.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
A. Is there any partnership deed between A and B ? Whether it is registered or not ? Is property purchased in the name of partnership firm or not?

B. As per your statement, A and B has got property by register paper. Hence, A and B has joint ownership over the property. A and B has 50% share accordingly. Therefore, B cannot do anything without A consent, i.e, Sale, mortgage for loan etc.,

C. If the property is registered, A can apply certified copies of the paper before the local sub register office to know the terms of legalalities.  And A can approach the court for an injunction to stop the work if B starts the construction. Better issue legal notice against him by giving legal warning whatever consequences to be faced in future, i.e, criminal case prosecution. And give paper publication regarding your property by divulging all material facts to public awareness.
B.T. Ravi
Advocate, Bangalore
736 Answers
31 Consultations
5.0 on 5.0
You can get the sale deed from registration office or file a suit asking b give the same and to allow a to sell his portion.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Hi, it is better to file a suit for partition and get his 50% of share and then sold his portion to you or otherwise both can jointly sold to you.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) both A and B are co owners of the plot . 

2)since B is refusing to furnish originals A can obtain certifed copy of said sale deed from sub registrar office . 

3) please note that B cannot sell the property or create third party rights without A consent . further for carrying on any construction A consent would be necessary 

4) A should issue legal notice and file suit for partition and obtain injunction restraining B from creating third party rights 

5) A should also issue public notice that the said property is jointly owned and no member of public should deal with B for purchase of property without A consent
Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
5.0 on 5.0
1.A can get certified copy of sale deed from sub-registrar office.

2. A must.take stay order from civil court against B so that B cannot sell the plot and also for stopping B from any construction on plot.

3.give public notice in newspaper so that none should buy said plot without consent of A.

4.file partition suit in court to get ur share in said plot.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. It is a joint property. A can obtain certified copy of the Title Deed,

2. Neither A nor B can sell the eitire plot or make construction thereupon without the consent of the other,

3. A can file a partition suit alongwith an application under Order 39 Rule 1 & 2 praying for an order restraining B from selling the property,

4. Once the property is p[artitioned, A can sell his share of the property or make construction thereupon.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. It is a joint property. A can obtain certified copy of the Title Deed,

2. Neither A nor B can sell the eitire plot or make construction thereupon without the consent of the other,

3. A can file a partition suit alongwith an application under Order 39 Rule 1 & 2 praying for an order restraining B from selling the property,

4. Once the property is p[artitioned, A can sell his share of the property or make construction thereupon.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Hello,
As the property is in joint ownership and and are equal stakeholders A can approach the sub registrar's office and apply for a certified copy by paying the prescribed fee .
A should also send a legal notice to B demanding partition and if he does not comply with the requisition file a suit for partition in the court.
A can also file for an injunction restraining him from alienating or creating any third party rights on the entire property.
Neither of the party will not be able to sell unless the other party consents.
Once the partition is done A and B can sell their respective shares.
S J Mathew
Advocate, Mumbai
1953 Answers
65 Consultations
5.0 on 5.0
1. Since A and B are co-owners of the land B cannot sell the property without the express consent of A. 

2. A certified copy of the sale deed can be obtained by A from the office of jurisdictional registrar. 

3. A can move to court and seek a stay order against B to restrain the latter from selling the property without his consent. If third party rights are created it will be very difficult to impeach them. So A should move to court and stop B from creating third party rights.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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