Patition suit of flat in noida

accounts officer

Experts,

I have following questions relating to my joint - name residential flat in District Gautam Budh Naghar, Noida.

1. This flat was purchased in 2003, and got registred at sub-registrar office noida, paying a total of one lakh, fourty thousand as stamp duty charges, on a total value of Rs. 17 Lakhs.

2. The current price of flat as per the circle rate should be around Rs.45 Lakhs, even the market price is higher than the price of flat at circle rate.

3. This is joint name property, other owner being my partner.

4. At present my partner  has got the full possession of the flat, and he is  using all the accomodation, even enjoying rent by  subletting.

5. The loan for this flat is on joint names, and i had paid installments till two years back, and now he is paying the installments, as there is five years more remaining for loan to be settled.

My question is

1. Can i file a partition suit.

2. what is the percentage of court fee in District GB Nagar, and whether it is calculated at the registered

   price (in 2003) or current market price.

3. In a partition suit, has one to submit the stamp duty at the time of getting possession certicate

   or at the time of filing the case.

Thanks in advance,

 

KBG

 
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accounts officer

Any advise please !!!

 
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accounts officer

Re-posting, pls provide your valuable advise,

 
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Jadhav & Associates

You may first give notice to your partner that you want to get out of the joint ownership of the flat and want the partner to pay you Rs. xxx as half the sum of the market value of the flat. In case he does not pay the same, you may decide to sell your undivided share to a party who may be interested in purchasing the same by giving the partner adequate notice. If both these alternatives do not work, please employ a local lawyer who will help you file a specific performance suit or an alternative remedy to help you get your share. You may also file for getting half the rent for the flat until such time as the matter is being decided. You seem to have adequate evidence to prove that you are a part owner of the property. S Jadhav

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Good Advise

 
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accounts officer

Jadhav Ji,

Thanks very much for your valuable replies,

You have suggested good alternatives to the long drawn court battle,

But I am not clear If I will be able to sell only my portion of the flat.

For 1. the Flat cannot be divided by metes and bounds.

and 2. though we are joint owners, but no where it is mentioned that I am 50% or 60% (or some other value) share in this joint flat. Will not it be a problem for the new buyer, how o would he claim to live in the flat when my partner is already there.

As per your suggestion, yes. giving notice to the other joint owner, can be tried whether he readies for selling the property and divide the proceeds. But for selling my part of property, I am not clear on this, kindly guide further.

If both the above things do not work, what are the legal remedies, can I file such a case in which I do not have to pay huge stamp duty as court fee at present my immediate aim is to get injucntion on this property.

Awaiting your reply,

 
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