Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Girish   09 October 2021

Partition deed for property

Dear Lawyers,

My parents bought a joint property (land) with their friend in the year 2001. Then separate houses are constructed on the land with separate electricity connection, separate property tax receipts etc. but middle wall is common. The 7/12 extract has the name of both the owners. The registry is common with all details (land portion, side, plan etc.) mentioned properly. Now when we are trying to sell the property or mortgage for loan customers & banks demand for portion/partition deed. Is it mandatory for sale or mortgage ? if I want to execute partition deed without consent of co-owner (he is not ready) then what is the procedure. Please advise.



Learning

 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     09 October 2021

Without others, the question of partition does not arise. Your parents and their friend shall go for partition of that property.

Dr J C Vashista (Advocate)     10 October 2021

File a suit for declaration, partition and possession with perpetual injunction in the court of jurisdiction.

P. Venu (Advocate)     10 October 2021

In the absence of consent, filing a partition suit is the only option.


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