Party 'A' and 'B' who are relative to each other, bought a property (residential flat) in District Gautam Budh Nagar, in 2005,
funding the part cost from the sources of both of them. Rest amount (major amount) was taken Loan by party 'A' and the party 'A' repaid all the installments till 2010 before falling seriously ill,
Now the Party 'A' due to its severe health condition could not repay further installments and bank asked Party 'B' to pay further installments (pending for 3 years after 2010) which Party 'B' is paying till today. Party 'A' due to its treatment had to stay away in different city for last three years. Meanwhile Party 'B' thought it the best time to "occupy" the flat fully and keep all rental (part of the flat) with it.
There is no mention of their individual percentage of share in registered sale deed (which is presently with the bank)
In this regard you are requested to please answer my query on point-wise.
1. In the absence of any mention of individual shares of both the parties, is it assumed that both parties have 50% right in the property, irrespective of who paid how much amount.
2. If Party 'A' now wants to sell its share to a third person, can it do so ? whether is it legal? will that third person will be able to get his/her part registered without taking any NOC from Party' 'B'
3. If anwer to question 2. is no, what is the best recourse for party 'A' to claim its share and to get it in timely manner keeping in view its falling health.
4. Party 'A' and 'B' are already into litigation and the court case is going in Delhi. in case of dispute in this property m atter, can a suit for partition or other suitable remedy be filed in Delhi.
5. In case the suit of property partition can only be filed in District Gautam Budh Nagar, and Party 'A' due to its ill health can apply for transfer of such case to Delhi, where it should apply for transfer, High Court Allahabad or High Court Delhi.
6. How can Party 'A' exercise its right that Party 'B' should not keep all the rent per month, is there any remedy in legal options.
Thanks in advance,