The property is an independent house with 2 builder floors (separate door numbers) and a compound. While I live on the ground floor, my brother lives on the first floor residence. The property is registered in both our names. I wish to sell the property but my brother wants to keep the property and continue staying on the first floor. Can I sell my residence on the ground floor? How will this work for the buyer and will they face any issues in future? What rights do they have over the compound? I’m being forced to sell my share at a loss because my brother isn’t allowing for the sale of the whole property. What can I do about this?
If the constructed house property is on the joint names, then you may have to get a registered partition deed executed partitioning the property into two parts with proper demarcation and clear mention about the common areas and the rights to each over them.
This registered partition deed will enable you to sell your own schedule of property independently without taking the consent or NOC of your brother.
Will I still need to get a partition deed for the transaction if my brother is allowing me to sell my share?
Yes, get the partition deed issued and resolve the issue of compound, roof rights and proportionate share in land in the partition deed. Once the partition deed is issued you wud get the regd partition deed in your favor.
Without proper demarcation between both the properties how will you identify your property properly especially with regard to the common areas which will include the staircase, pathway, compound wall etc.
Therefore it becomes pertinent to get the property partitioned by a registered deed so that each can enjoy their respective properties independently
1. Since your respective shares are separated , the buyer is unlikely to face any difficulty in purchase of your flat.
2. If your bother is not willing you can not force him to sell his flat.
File suit for partition for division of property by metes and bounds
get mutation done in your name for ground floor
then sell your share in property
Enter into deed of family settlement have it stamped and registered
then sell your ground floor property
You can sell your share but possession will be issue if brother objects
Selling your share of a jointly owned property like this can be tricky, but there are options. Here's a breakdown of the situation and potential solutions:
Selling Your Share:
Legally Not Possible: In most jurisdictions, you cannot directly sell your share of a residence within a single house. The property is most likely registered as one unit, even though it has separate floors and entrances.
Alternative Solutions: Here are some approaches to consider:
Negotiate with Your Brother: Explore the possibility of convincing your brother to agree to sell the entire property. Perhaps you can offer him a larger portion of the proceeds to incentivize him.Partition Suit: If negotiation fails, consider filing a partition suit in court. This legal process would compel the sale of the entire property and division of the proceeds based on your ownership share (usually 50/50 in this case). This can be a lengthy and expensive process, so weigh the pros and cons carefully.
Rights of a Buyer in Your Scenario:
Limited Rights: A buyer purchasing your share would technically own a portion of the entire property, including the house and compound. However, occupying the ground floor exclusively might be challenging due to your brother's residence on the first floor and shared access points (stairs, compound).
Potential Issues for the Buyer:
Shared Access and Usage: The buyer might face limitations on using certain areas like the compound or shared utilities due to your brother's occupancy.Difficulties with Future Sale: Reselling this kind of ownership structure can be difficult for the buyer as most buyers would prefer a property with sole ownership.
Recommendations:
Consult a Real Estate Lawyer: An experienced real estate lawyer can advise you on the best course of action based on your specific situation and local laws. They can explain the legal implications of a partition suit and explore other possibilities depending on your location.Mediation: Before resorting to legal action, consider mediation. A neutral third party can facilitate a discussion with your brother to explore solutions that work for both of you.
Conclusion:
Selling your share in this situation requires careful consideration. While selling the entire property with your brother's agreement is ideal, a partition suit or finding a buyer willing to navigate the complexities of shared ownership are other possibilities.
