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Sidhhi   02 November 2024

How to resolve situation?

A+B = ?. A is married brother and B unmarried is sister both jointly own a 1BHK apartment in Mumbai in a CHS Ltd.

A is in need of funding for purchasing an apartment for self and family and asked his sister to either:

1) Buy his share but she refused to do so.

2) Sell her share to him but again refused.

3) Allowed to mortgage the apartment for taking loan where in he will be liable to pay EMIs till loan is repaid but she is not agreeing for this either being a crooked minded female.

Please help and suggest a solution if any as it's a big hurdle for A and needs to raise fund for the flat for his own family. TIA



Learning

 1 Replies

P. Venu (Advocate)     03 November 2024

A can file a suit for partition under the provisions of Partition Act, 1884. The property being non-partible, the Court can dispose of the property and distribute the proceeds.


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