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Nikhil SHETTY   04 June 2021

Joint account land

I have a land with jointly ownership with my aunt .Due to some finacial crisis i am.in need of money now i want to sell the land and disturbute the amount equally with my aunt
she is not agreeing to sell the land
is.there any way i can.go.to court and settle this disputeļ¼Ÿ


Learning

 7 Replies

Dr J C Vashista (Lawyer)     05 June 2021

File a suit for partition and possession and dispose of your share, if she is unwilling to sell her share.

It will be better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

Sankaranarayanan (Advocate)     05 June 2021

yes consult a local lawyer and get clarity 

G.L.N. Prasad (Retired employee.)     05 June 2021

When you seek online guidance, please provide minimum details.  How the ownership is joint ?.  If the property is not divided into metes and bounds and each is having their individual land with such specified boundaries, the presumption is that the entire property is joint.  If it is through a sale deed at least the deed or an agreement should state the individual shares in the land.  Offer her the land for sale even if you lose few thousand, as entering into dispute through court takes decades. 

This type of situation is very sensitive. Those who wanted to sell due to his urgency want maximum price, those who do not want to sell want the land at a more cheaper price and exploit the helplessness of the other.  Never enter into litigation as it takes decades and let some friends or relatives mutually settle the issue..

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 June 2021

partition suit is a proceeding instituted by a coparcener when a property dispute arises in the family or when there is absence of mutual consent among the multiple owners of the real estate in the sale or division of the property.

T. Kalaiselvan, Advocate (Advocate)     06 June 2021

You can file a partition suit and pray for separate possession of your legitimate share in the jointly owned property, after which you can sell your share of property 

Nikhil SHETTY   12 December 2021

How long does it take to resolve this issue in court to dispose this case , if the joint partner not ready to do partion
please some explain in clear?

Dr J C Vashista (Lawyer)     12 December 2021

You have the only option to move to court if joint partner is unwilling for partition by meets and bounds.

Time to be taken by the Court in deciding the case can not be predicted since it involves various evitable / inevitable factors.


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