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Shankar (Self)     23 March 2014

How to divide our joint property?

In a joint two storied property, we own the ground floor(ancestral) and my father's sister owns the first floor(constructed by them at a much later point). As per legal documents, we both have equal hold on it but there is no mention of ownership details in the actual plot area.

I am the only son of my father. I want the old building demolished, divide the plot into two and have my share totally independently.

1. Can I legally demand and get my independent share?

2. If I can legally have it partitioned, do I have the right to pick the side(left/right) of the plot? Does my father have the first right for being the son? 

 

Thanks.

 

 



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     23 March 2014

Without going thru., the papers your question cannot be answered

adv. rajeev ( rajoo ) (practicing advocate)     23 March 2014

Without going thru., the papers your question cannot be answered

T. Kalaiselvan, Advocate (Advocate)     25 March 2014

You have to sit and talk with your aunty and other elder members of the family for an amicable partition/solution, if the talks fail, then you may approach the court of law with a partition suit seeking partition and separate possession of your legitimate share in the property.  The court will decide about whose share and where etc.


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