There’s a very interesting property dispute that raises practical questions about partition and sale of share between two real brothers. Let’s discuss it.
In this case, a three-storey residential property is jointly owned by two brothers. One brother resides in the property and has been paying all house tax, electricity bills, and other maintenance expenses. The other brother lives in Faridabad and is not in physical possession of the property.
The parties have after partition the property as follows: the ground floor will go to the brother in possession, the first floor to the other brother, the second floor (comprising two rooms) will be divided equally with one room each, and the terrace rights will be shared equally between them.
The deed further contained a clear clause stating that if either brother intended to sell his allotted portion, he must first offer it to the other brother.
Although the younger brother did make an offer, the price quoted was substantially higher than the prevailing market value. For instance, if the realistic market value of the old building was approximately ₹70–80 lakhs, the offer was made at an inflated price of ₹1 crore. As expected, the elder brother declined the offer due to the unreasonable valuation. Subsequently, the younger brother sold the same property to a third party at a significantly lower price.
REMEDIES:
Suit for Specific Performance
He can seek a court direction that the property be transferred to him at the same price and terms at which it was sold to the third party.
Suit for Declaration and Cancellation
He may seek:
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Declaration that the sale deed is in violation of the partition covenant.
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Cancellation of the sale deed on the ground of breach.
If you ever feel that your property rights are at risk, it is crucial to act promptly and ensure that all essential legal documents are in place to safeguard your ownership. Timely legal advice can prevent minor issues from turning into prolonged litigation.
