Sale of apartment reg

PREM (Querist) 08 July 2020 This query is : Resolved
Sir

I am having an apartment and land in a prime area in Trivandrum.But the land is jointly owned by me and my brother .We pay land tax for it in our joint names The ground floor of the building is owned by my brother and 1st floor is owned by me.We pay building tax for this separately. The land is equally divided and the building stands in the joint land.Suppose I want to sell the first floor which I own .Will I want my brother's permission in writing for this.
Thanks in advance

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Quick Summary

If you own an apartment floor but the land is jointly owned with your brother, selling your portion without his written consent can be complex. Generally, a 'Partition Deed' is required to legally divide the property before you can sell your specific share to a third party. However, you might be able to sell your share directly to your brother without a formal partition, as he may have a 'First Right of Refusal'.

Guest (Expert) 08 July 2020
Show all the documents and other details you have to an Local Good Advocate and seek the Legal Opinion.

Hemant Agarwal (Expert) 08 July 2020
1. Since the Title-Ownership of Apartment & Land is in the Joint-Names, you will not be able to sell your non-demarcated & non-partitioned property to outsider party, without executing a mutual consent "Partition Deed".

2. However, you may sell your non-demarcated & non-partitioned property to Brother (joint title-owner), without executing any "Partition Deed", who as it is shall have the First Right to Refusal.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

kavksatyanarayana (Expert) 08 July 2020
First, a Partition Deed shall be executed between you and your brother. Next, you have to sell your portion to a third person. If your brother is interested to take your portion also, then you relinquish your rights in favour of your brother.

Dr J C Vashista (Expert) 09 July 2020
Whether there is any documentary evidence that you are the owner of first floor of the premises? If so, show it to the buyer and sell it. Otherwise you will have to seek partition of the property.

Rajendra K Goyal (Expert) 09 July 2020
You can sell your undivided share in the property.

For selling particular portion partition is necessary.

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