Division of house between brother sister when brother is in dwelling
mrinalini
(Querist) 03 July 2013
This query is : Resolved
Hi, my father bought two properties during his lifetime. One was in his name and one he bought in his fathers name. He died in 1992 and both our names were mutated on the property which was in his name.
The first property is divided into one-third and two-third, with a dwelling house built on two-third of the property and an small hall one-third. My brother stays with his wife and child in the house and rents out the hall as some ladies hostel. The other property has also been made over to him by my grandfather who is now dead(my brother claimed)but my brother has left grandfathers name on the papers. He has rented that property out as well.
Since my name is only on the first property, I can only make a claim to it. but with my brother staying on it, what are my chances of a partition suit? It seems unfair that he has everything my father made.
Adv Archana Deshmukh
(Expert) 03 July 2013
You can seek partition, and he has the liberty to purchase your share by paying you the monetary equivalent.
ajay sethi
(Expert) 03 July 2013
file suit for partition
R.K Nanda
(Expert) 03 July 2013
agree with experts.
Rajendra K Goyal
(Expert) 03 July 2013
File partition suit or as advised by the expert Adv. Archana ji.
Raj Kumar Makkad
(Expert) 03 July 2013
Get the partition and separate possession in the given facts.
mrinalini
(Querist) 04 July 2013
Many many thanks everyone for all the generous reply. But what I want to know is that as Archanaji said -brother is at liberty to purchase my share- is it despite of my not agreeing to sell. Can the course direct me to sell my portion? In such a case who decides the price of my share?
Thanks again to all.
Raj Kumar Makkad
(Expert) 04 July 2013
If a mutual consensus may occur between you and your brother then you can be paid the cost of your share with mutual consideration and there is no need for agreement to sale rather you may relinquish your share which shall fetch a nominal stamp duty otherwise your brother shall be burdened with heavy stamp duty.
The cost can be decided mutually or through a third person or property broker.
mrinalini
(Querist) 05 July 2013
Thanks you so very much Mr Makkad, but a reconciliation is not on the cards. Thanks once more.
prabhakar singh
(Expert) 05 July 2013
When reconciliation is not on the cards,only filing suit of partition is the remedy you have.Your brother can not compel you to sell your share to him when you decide to get it partitioned.
Since it is a dwelling your brother has right to offer market price of your share to be decided by court to be paid to your buyer of undivided share should you decide to sale your share undivided and your buyer of undivided share sues for partition and court has power to order your buyer to do so.(That is what Advocate Archana must have meant as is laid down in the Partition Act s.4)
Raj Kumar Makkad
(Expert) 05 July 2013
If reconciliation is not on the cards then definitely you have legal right to file a suit for partition and possession and during the trial, many ups and downs may come.
