Me and my and Elder brother have purchased a property in Hyderabad through a joint home loan from a bank in the year 2016, its G+1 property first floor being occupied by my brother and ground is occupied by me,The property is registered on both the names without any mention about who is occupying the ground/1st floor. The EMI amount gets deducted from my brothers bank account on 3rd of every month and i transfer my share of EMI to my brothers bank account on 2nd of the month.however in the year 2019 i moved out from the property to a place nearby to my office and locked the house.Since i was not living there and paying the EMIs regularly without any default i have requested my brother to buy my share of property at a nominal fair price and release me from this joint tenancy and joint loan for which my brother has denied my proposal. Later i decided to let out my share of property on rent so that at least i can manage some amount from rent and pay the EMIs, surprisingly my brother is not accepting this and is creating problems and not allowing any tenants into my share of property. Frustrated by his actions i have a approached a lawyer for legal opinion, he has advised me to file a partition suit in this case and separate my share of property with equal meets and bounds. My Question to all the experienced lawyers is 1Q ? What are the possible outcomes if i file a partition suit. 2Q What is role of the bank in this case, can the bank request the court to stop this partition?Since its mortgaged property 3Q In what way can my brother stop partition/Auction of the property & deny Justice, what are his chances of wining this case? 4Q if the property is indivisible without meets and bounds, court might ask my brother to purchase my share of property or mite ask me to buy his share, if both are denying to buy the shares, is there a possibility of Auction? 5Q if my brother is willing to buy my share of property,how should i deal with the transaction in terms of time frame and legal docs to be signed. 6Q will the bank allow my brother to buy my share and clear my name as a co-borrower in this joint home loan 7Q my brothers wife works for state govt office in Hyderabad, will the bank allow to include her name as co-borrower striking my name 8Q if the court is appointing a commissioner for the partition, how fairly do they do there job, is there a chance for my brother to bribe him & get the partition done in his favor. 9Q if my brother is denying the partition and sale of his share of property, can the bank allow me to sell my share to a third party, if yes then will the bank allow for the third party to take over my sahre. Kindly help me with your advises and suggestions and justice be prevailed. Thank you Sanjay
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File suit for partition for division of property by metes and bounds
2) bank cannot stop partition suit
3) court would divide property
4) brother cannot stop partition
5) court can direct sale of property if it cannot be divided
6) bank subject to repayment of loan would allow brother to buy your share in property
7) commissioner cannot be bribed by brother
1. By filing a partition suit, you can get the3 property legally partitioned through court and get your share of property registered through court of law.
2. Bank has nothing to do with this partition suit, you can retrieve the property sale deed only after discharging the entire loan amount.
3. Your brother cannot stop the prosecution of partition suit, but you cannot auction sell your share of property.
4. If the property is indivisible then the court may pass an order for auction sale and would distribute the sale consideration amount equally.
5. You can work out the terms based on the prevailing circumstances.
6. The bank has to give NOC for this arrangement.
7. In case he includes her as a co-applicant after you withdraw as a co-applicant
8. You may exercise abundant caution and vigil over this aspect if you suspect your brother to manipulate
9. The bank may not allow the third party sale of your undivided share in the property during the subsistence of home loan.
