House partition

Buster6421 (Querist) 17 January 2013 This query is : Resolved
Hi,I have a house in joint name with my uncle from whom I want a partition.The house is two storey with a terrace which has two small rooms in it.He wants to take the upper storey alongwith the terrace.Is this correct or should I also be getting half of terrace.
Also,is it advisable to go for a vertical partition where he gets half of upper and lower storey and i get the other half.please advise on the recourse as I have not been able to settle this dispute for years now.

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V R SHROFF (Expert) 17 January 2013
It is advisable to go for a vertical partition where he gets half of upper and lower storey and i get the other half.

U will become absolute Landlord of LAND. with building.
Usually partitions are done to divide Land.

Raj Kumar Makkad (Expert) 18 January 2013
It depends upon the mutual understanding. The court shall divide as per your mutual understanding so better to resolve it at your end.

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