Four brothers A, B, C, D bought a piece of land jointly on their names. After sometime, they wrote a partition agreement for dividing the plot into 4 equal pieces, one for each individual. The partition agreement is on 5 rupees stamped paper, but NOT REGISTERED. D built a house on his portion with a godown on the ground floor, and living portions on the second and third floor. Later C built a house in the ground floor portion of D. The change to the house plan was ratified on D’s name. After some years, D died leaving his wife and children as legal heirs to him. With the legal heir certificate, D’s wife transferred the Property Tax and EB card onto her name and she has been paying the amounts regularly. Now D’s wife is in dire need of money for higher education of her children and for a decent living. When she approached C to formally register the house along with the land so that she can sell it properly, C is not supporting. He says he built the ground floor and the land is a common property.
What are the options available to D’s wife to establish her ownership of the house and the land and sell it to get the money that’s needed for her.
