Mit (Software engineer) 09 September 2023

Brother denying to sell joint property

MR A and Mr B, both brothers - own two flats jointly

A flat value = 60 lacs

B flat value = 50 lacs

MR A is in need of money and wants to sell the flat. He is willing to give the 5 lacs additional to Mr B because A flat is valued more.

Mr B is not willing to sell this flat which is jointly owned.

# does A have any legal remedy to compel B to sell flat?

# partition can't be a practical solution because flat can't be physically divided into 2.

If B refuses to sell the flat for many years, A will not get the proceeds he needs.

Plese can someone advise options?

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5 Replies

T. Kalaiselvan, Advocate (Advocate) 09 September 2023

You can file a suit before court for partition of the properties by metes and bounds and if the partition is not possible or the properties are not divisible you can ask an alternate prayer/relief to sell the property and distribute the proceeds in proportion to both of you.

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Shashi Dhara 09 September 2023

Issue legal notice to him and try to settle by settlement by dividing each one one flat amicablly.

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kavksatyanarayana (subregistrar/supdt.(retired)) 09 September 2023

If your brother is not willing you have to file a suit in court for partition of the property by you.

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H.JanakiManohar Rao (lawyer) 09 September 2023

You ask your brother to purchase your share of property so that you can get rid of this problem otherwise yor brothers share with the help of Outsiders.

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Mit (Software engineer) 10 September 2023

Thank you for helpful replies. Brother doesn't have funds to buy out the share. So it seems the viable option legally is to file suit of partition; and since the unit (a 2 bhk flat) can't be practically divided into 2, court may order disposal.

Thanks 🙏