anononymus (Business) 30 June 2008

Partition of property

Mr X and his wife build 4 floors on a residential plot in delhi from their joint funds. The plot in question was alloted to the wife from a house building society for a meagre sumf Rs. 10,000. only way back in seventies.The total cost of building done jointly is Rs. 10 lakhs. The share in the property between husband and wife is 50:50 as filed for tax purposes over the years. The property is now freehold jointly. If husband wants a partiton of the property and its sale, how can he go about the sale of the two Floors which amounts to his 50% share.Is it legally possible if wife refuses the partition and sale of the property. What is the recourse for the husband in this situation.?

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amit gupta_lawyer (lawyer) 30 June 2008

well in case wife refuse to sell the property then the only remedy is to go to court for partition as the whole property stands in the name of u both and there is no mutual agreement also between u both as regarding the divison of property. so ur share which is half can only be given to u by selling the whole property and by giving u the half sale consideration or by any agreement between u and ur wife in which u are entitle to sell half property and ur wife had surrender her share inthose two floor by taking another two floor in which u have surrender urs.