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
Repeated query. I have already noted my reply
