Partition of 50% share in a flat in joint name
Querist :
Anonymous
(Querist) 07 December 2009
This query is : Resolved
My aunt is living separate from her husband, She and her husband have a flat in joint name in noida. she had paid earnest money and also 90% (of paid so far)of the installments of housing loan till date, and rest of money earnest/installments have been paid by her husband, now due to marital dispute she wants to apply for partition of this flat, since husband is not ready for amicable solution. my question is
i) Can partition suit be filed in Noida only, can it be filed in delhi also, since she has been living in Delhi for last few months.
ii) how do the valuation of this property is determined, and who owns the liability of rest of the installment of housing loan.
iii) is it nessary that other cases for separation must be filed for making a strong ground for partition of the property.
Thanks very much in adavance,
Adv Archana Deshmukh
(Expert) 07 December 2009
If the flat is in Noida, the suit for partition should be filed in Noida only.
The valuation of the property is determined by the Valuer.
No need for filing other cases for seperation, to make ground for partition of the flat.
Kiran Kumar
(Expert) 07 December 2009
i agree with Archana, since the property is situated in Noida, the Noida civil court will have the jurisdiction in the matter, can not file case in New Delhi.
since it is a flat, the partition in exact terms may not be possible (as according to the contributions made by the parties) so if the suit succeeds then flat may be put to sale by the court.
case for separation need not be filed for the said purpose.
adv. rajeev ( rajoo )
(Expert) 07 December 2009
It is joint family property, u have to file a suit for partition and separate possession of your share at Noida only.
SIR 1990 SC 867.
Scope of sec 44: When the family is divided in status in the sense that they were holding the prpertya s tenants in common but undivided quo the property that is property had not been divided by metes and bounds it would be within the provision of sec 44.
joyce
(Expert) 07 December 2009
I do agree with all above experts and join them in their move.
Querist :
Anonymous
(Querist) 08 December 2009
Thanks very much for your valuable insights in the matter...one part of my query is relating to owning the responsibilities of pending installments of housing loan.....since my aunt trying to adjust in the situation and for her married life, repaid most (around 90% of installments) and she does not want to pay more installments from her account since she is living away from that flat, she wants that rest of installments to be paid by her husband only and more importantly can she claim the rental income from her husband (part of flat is rented out by her husband) during the period when matter remains in the court.
Adv Archana Deshmukh
(Expert) 08 December 2009
Ask her to file a suit for partition and separate possession of her share and claim mesne profits along with it. She can claim her share of rent, from the rent which her husband have received earlier and also the rent from the institution of the suit till she finally gets her share.
