Partition suit of flat

stanley (Querist) 06 April 2018 This query is : Resolved
Flat is on joint names and salet deed is on joint names but there is no completion certificate as the builder has not paid the development charges to the corporation . It's 15 yrs the flat has been handed over to us. The land too is still on the old owners name . The fine on the development charges has come to 12 lacs for 6 flats built on the land . Can the court partition the flat without a completion certificate and with the above issues.The builder is untraceable.

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P. Venu

(Expert) 07 April 2018
The public dues is the first charge on the property.

Dr J C Vashista (Expert) 08 April 2018
Why did you not get the Conveyance Deed executed by builder during past 15 years?
Undoubtedly you will have to pay government dues.
Discuss with a local prudent lawyer for proper appreciation of facts, guidance and proceeding.