Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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aashish (partner)     04 April 2010

property dispute

Sir, my father(A) has three brother`s(B,C,D). Mr.A and B bought a plot in housing society plot no 1(area 361).they constructed bunglow on it. after that Mr A and B requested society to add extra member to Mr. C and D.Than plot no 2(area 160). attached to plot no 1 was purchase by transfer deed by Mr A B C and D.Mr. A and B left bunglow 10 years back. As per mutual understanding it was decieded to sell the bunglow whenever needed. But Mr. B,C,D are not ready to sell.My queries are 1right does my father has.(as per society member). 2.can he cancel names Mr. C and D.without consent of B. 3.should we sue for partiton deed or any other earliest way as per law.


 1 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     04 April 2010

Your father is very well owner of 1/2 share of bunglaw no. 1 and it hardly matters whether he has given consent to the socierty to enter the names of his brothers C & D.. Subsequent names are just in the record of soceity but their is no ownership/co-sharership legal document with them. Just acceptance of A & B is not sufficient to make owners to C & D in the bunglaw no. 1 so your father can withdraw his consent at any time without seeking any consent from B.


Now problem is that B is not ready to sell the bunglaw ( C & D have no say therein) so your father has no other option then to file a civil suit for partition.



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