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Partition of property constructed on leasehold land . .

(Querist) 26 May 2012 This query is : Resolved 
Party A leased a plot of land to Party B for 999 years at Bandra in Mumbai Suburban District.

Party B constructed a dwelling unit over the said leasehold land.

After demise of Party B, the younger son of Party B sold-off his alleged 50% rights to some Builder for a consideration.

There is no any partition deed in respect of that dwelling unit.

Now that Builder has captured 50% of the said property based on the deed with the younger son of the deceased lessee.

Is this authentic? Can there be partition of a property built on a lease-hold land?
If yes, what is the lawful procedure that should be adopted for such partition?

- Prashant Bhat, Vashi, Navi Mumbai.
Nadeem Qureshi (Expert) 26 May 2012
Dear Prashant Bhat
you should contact mr. Ajay Sethi Advocate, He is from Mumbai and may be he can help you in this regard.
adv. rajeev ( rajoo ) (Expert) 26 May 2012
Unless there is division of property by metes and bounds he cannot sell the property.
R.K Nanda (Expert) 27 May 2012
I agree with expert Rajeev.
Shonee Kapoor (Expert) 28 May 2012
The division should be by metes and bounds only.

Otherwise it is just a notional partition.


Shonee Kapoor

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