Sarvothamarao 05 June 2016

Partition , confusion vs complication

There are 4 portions in a property with a common entrance and common borewell.

1st portion- Cellar
2nd Portion- Ground Floor (GF)
3rd portion- First Floor (FF) Residential
4th Portion Second Floor (SF) Residential

A and B are sisters, C is the builder. During construction, it was agreed by A and B to sell the cellar portion to C. Hence, the entire cellar portion was sold to C (builder) after construction.

The Cellar portion is not used for any parking or commercial activity but only to store construction materials by C.

The GF,FF and SF is futher divided into two portions West and East.
(West owned by A and East owned by B)
The GF West portion has 4 shops all owned by A
The GF East portion has 4 shops out of which 3 is owned by B and 1 is owned by C
The FF and SF West Portion is owned by A
The FF and SF East Portion is owned by B.

The registration of the properties is not being done yet.

Questions:

Assuming that the land rights are owned by C,

1. Can B sell the portion of GF FF and SF? if yes, what can be its implications?

2. How should the partition deed be drafted?

3. What will be the share/role of legal heirs of A B and C, if applicable.

If you have any further queries, i'd be glad to provide information.

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2 Replies

Kumar Doab (FIN) 05 June 2016

The owner or person that has attained rights equal to that of owner can only sell.

If A and B are owners and it is self acquired by them then they can sell.

Engage an able counsel specialzing in such/property/revenue/civil matters and well versed with local laws, and show all docs on record e.g; mutation record, link documents, approved map etc and your counsel after due examination can opine further and draft the suitable deed.

T. Kalaiselvan, Advocate (Advocate) 09 June 2016

The owner can sell his property. If A wants to sell his property what prevents him from doing so?

Why do you bother about the partition or other aspects once the individual's properties have been identified and they have acquired the title to their respective properties.