Dispute in Joint Property
Ramesh
(Querist) 17 June 2011
This query is : Resolved
Myself and younger brother bought a piece of CMDA approved land in the year 2004. The document was made as Joint property. Since I would like to sale my portion of this land, I discussed with my brother for partition deed but he did not agree and he suggested me to go for mutual release deed instead of Partition deed(also trying to give other excuse to delay my plan). I have consulted with couple of lawyers and each one is giving different opinion as below
Lawyer 1:
I have to go with Partition deed only and cannot go with mutual release deed.
Lawyer 2:
Before partition deed, I have to go with subdivision from CDMA and I can register my partition deed.
Lawyer 3:
First go with partition deed, register it and apply for subdivision from CMDA
Lawyer4:
If my brother is not ready for partition deed or any other agreement , I shall register my portion of land to my wife as settlement deed without my brother’s permission.
Kindly clarify and suggest me the cost effective methods so that I can utilize my land without problem.
Also, Do I have the right to choose any one part (corner side) of this land since I am elder to him?
PALNITKAR V.V.
(Expert) 18 June 2011
Since, it was purchased in joint names and your brother is non cooperative, you have to go for partition first. Without partition, there cant be subdivision. There is no point in mutual release deed as your brother is non cooperative. However, if anyone is prepared to purchase your undivided share then only you may sell it. Otherwise, it is better to go for partition.
prabhakar singh
(Expert) 18 June 2011
ALL OF 4 ADVISES IF THEY ARE FACTUALLY AS PRESENTED BY ,I AM SORRY,ARE INCORRECT.
I AGREE WITH OPINION EXPRESSED BY Mr. Palnitkar v v .
A CREATION OF ANY DEED BETWEEN PARTIES IS THE RESULT OF MUTUAL CONSENT OF PARTIES.THEN, WHEN YOUR BROTHER IS NOT READY ,HOW CAN A DEED OF PARTITION WOULD BE POSSIBLE.
I AM OF THE OPINION THAT HAD BEEN YOUR BROTHER IN AGREEMENT WITH YOU IT WAS POSSIBLE FOR YOU TO SELL AN ALLOCATED SPECIFIC SHARE IN THE SALE DEED IT SELF RECITING AN ORAL PARTITION AND SIMPLY GETTING SIGN OF YOUR BROTHER ON THE SALE DEED AS A WITNESS.
YOU CAN SALE YOUR SHARE WITHOUT ITS ALLOCATION ON SPOT IF A BUYER AGREES TO BUY IT AS JOINTLY.
OTHERWISE ONLY ONE COURSE IS OPEN ,FILE A SUIT FOR PARTITION.
AND IF YOUR BROTHER IS TALKING OF A RELEASE DEED,BETTER ASK HIM TO GET IT DRAFTED BY A PERSON OF HIS CHOICE AND THEN TEST IF IT SERVES YOUR PURPOSE.MANY TIMES THERE ARE PARTIES WHO MEAN THE SAME THING BUT IN THEIR OWN WAY OF NOMENCLATURE AS THE LAY BARRISTER ADVISES HIM TO SAY SO.
