File a partition suit and get your portion registered to your name and sell it
Bifurcation of joint Katha in individual names
Respected sir, There is a joint katha in which I am a part of commercial land between brothers and sisters which has been inherited by my father. Out of seven four are senior citizens . One partly is not willing to sell the property irrespective of the needs of others. Since it’s a commercial area if I get my portion of property i can decide On my plans With the property. Can you give advice on this as to how to proceed Thank you
Asked 4 years ago in Property Law
Religion: Hindu
17 Answers
You can sell your undivided share in property
under section 44 of transfer of property act co owner can sell his share without consent of other co owners
- Since, there is a joint katha , and which was inherited by your father , then being the undivided share in the property , you cannot sell without the consent of all the legal heirs.
- However, as all are ready for selling the said property except the one. , then legally you can enter into an Settlement deed for the partition of the said property , and registered the same before the registrar.
- If that brother not agree for a settlement deed , then you will have to file a Partition suit before the court.
You can go for partition deed and get your share accordingly layout approval of all legal heirs.
Dear Sir/Madam,
You go the for the partition of the said property and can ask your share.
File partition suit if your portion is not certain or do oral partition and sell your portion.
6 are ready, do oral partition and take possesion of your portion and sell it
1. Go for partition of the property by metes and bounds, by executing a registered Partition Deed in the jurisdictional Sub Registrar's Office.
2. Based on the registered Partition Deed, the BBMP/Corporation Office will issue separate Katha for each individual share holders.
3. If one of the legal heirs is not willing to sell, let him, atleast, agree for partition of the property, so that he can retain or do whatever with his entitled share in the property and allow others to independently enjoy their respective shares in the property.
4. If that person is adamant, you can send a legal notice to him for partition of the property.
5. In case the problem is still persisting, file a suit for partition, declaration and separate possession of the property by metes and bounds.
1. You need to file a partition suit for your share of the property, the court may divide property by meats and bounds in case physical division is not possible court shall pass order to auction property and divide proceeds.
You need to file partition suit in this matter. You can anyways sell your share without their consent only possession will be difficult
1. In a joint property every co sharer can sell the property not exceeding his share.There is no legal bar for this.
2. However the buyer without the physical partition of the purchased portion can not take physical possession of the same.
3. Hence before proceeding further in respect of your individual shares it is advisable to make partition of your respective shares through a registered deed of partition.
File a suit for Partition and declaration and the court shall distribute it equally.
1. Since the joint property is undivided (un-partitioned) AND some of the co-owners are not ready to cooperate, the only solution is EITHER to amicably execute a Partition Deed .OR. lastly file for Partition Suit in the local Civil Court.
2. Partition Suit in the local Civil Court, will have to be supported with proper Govt. Survey(not private survey) of the layout plan, probable demarcation boundaries, approach roads etc....
3. In court impleaded parties can declare their intentions to either buy out other's share or act as per Partition order (based on govt. survey report) passed by Court.
Please file partition suit under Hindu Succession Act for division of property as per the law.After division you may sell and transfer it as per your convenient and choice.
A family arrangement could have been beneficial for all of you. But he he is adamant tou should approach the court and file a partition suit.
Under section 44 of the T. P Act, a co-owner can sell his extent of share in a joint property, consent of the other co-owners not necessary.
Send him a written offer and on refusal or if there is no response from their part you can sell it to other person.
You can apply for sub-division of the property on the basis of the partition deed and also seek separate khata from the joint khata.
You may have to produce documentary evidences to prove your cause of action as well as title.
The fact that the property was jointly held by the erstwhile owner and subsequently inherited by the legal heirs have to be established with the support of documentary evidences in your possession , for this you need to produce the evidence of the partition by a registered partition deed.
