Jointly owned property

Ketan Shah (Querist) 06 August 2014 This query is : Resolved
Dear Sir/s,

I and my real brother jointly owned an industrial unit in equal proportion at Thane. He has carrying the his own business at the said unit by utilising the entire area of unit. I am paying half of the society maintenance and my name has also been there in the share certificate.
I am not not receiving any share of profit or any amount towards rent for the portion of my area which has been used by him. Now I wants to sell out the my portion of unit or to give it on rental basis. I have made a first offered to him for this. But he refused to do so and has written a letter to me stating that he is ready for the physical partition of the unit in equal proportion. He has cleverly made this offer because he knows very well that partition is practically not possible due to several issues i.e. society objection, electricity ,water supply and toilet problem in another unit etc. He wants to use my area at free of cost for his own business.

Please tell me the alternative available to me to resolve this long lasting problem.

Thanks in advance.

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ajay sethi (Expert) 06 August 2014
reply to your brother that partition would not be possible on account of society objection . request him to give share of profit or rentals for using your 50%portion