Co owner preventing other from exercising property rights
Querist :
Anonymous
(Querist) 26 June 2026
This query is : Resolved
I inherited a 50% undivided share in an industrial land parcel along with my sister. The land can be physically divided into two equal portions, each having independent road frontage. The only requirement is that each co-owner's separate share must be recognized and mutated through the subdivision process prescribed by the industrial authority.
The original Agreement to Sale/Allotment with the industrial authority also states that the allottees shall abide by the rules and procedures issued by the authority from time to time. I am therefore trying to comply with the prescribed subdivision procedure.
However, the industrial authority has informed me that it cannot issue notice to a non-cooperating co-owner and requires both co-owners to sign the subdivision application. My sister is refusing to cooperate.
Without subdivision, I cannot obtain approvals such as a new building permission or land use conversion for my inherited share. As a result, I am unable to independently improve, develop or realize the value of my property, even though my share is undisputed.
I do not wish to file a partition suit if it can reasonably be avoided. My only objective is to have my already inherited 50% share recognized through subdivision and mutation so that I can independently exercise my rights over that share.
My question is: Can one co-owner indefinitely block the other co-owner from exercising these rights simply by refusing to sign a subdivision application? Have any courts directed authorities to issue notice to the non-cooperating co-owner and proceed with subdivision, or is a civil partition suit the only practical remedy in such situations?
It appears unfair that while the industrial authority requires allottees to comply with its rules and procedures, the present process effectively allows one co-owner to indefinitely prevent the other from complying with those very procedures and from exercising legitimate property rights.
kavksatyanarayana
(Expert) 27 June 2026
Whose property is this? It may be from your parent/s and you and your sister have equal shares in the property. You and your sister have equal rights, but it shall be partitioned into two equal shares; otherwise, it will be called your joint property. In such a case, either you or your sister cannot do anything individually. So convey your sister to divide the property through a registered deed.
Dr. J C Vashista
(Expert) 28 June 2026
It would be better to settle the issue amicably, get the property demarcated/ seperated by meets and bounds, otherwise you have the only option to file a suit for partition before appropriate / jurisdictional civil court.
