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Legal opinion

(Querist) 21 January 2013 This query is : Resolved 
sir,
i am a senior citizen. can u please help me. myself and my brother jointly purchased a land of 532 sq yds in the year 1977 and constructed a common building with one common wall. susequently we made a partition deed and my share came to 250 sq yds and my brother share to 278 sq yds. now i intend to demolish and constructa new building in my portion of land or i want to sell on outright basis. my brother is objecting all these proposal. can u pl guide whether i can go haead and sell the property. kindly mail me yr opinion.
thanking you
nagender
ajay sethi (Expert) 21 January 2013
is the parttition deed stamped and regd . has mutation of property beeen done in your name for 250 square yards .

contact a local lawyer

T V Nagender (Querist) 21 January 2013
sir,
thanks for yr prompt reply. the partition deed is registered in the office of sub-registrar in my name demarcating the area of 250 sq yds. in such case can i proceed for development/sale of my portion of property by placing advertisement in newspaper
thanks
nagender
ajay sethi (Expert) 21 January 2013
you can make application to local muncipal coproration for redevelopment . get plans sanctioned . then carry forward construction
T V Nagender (Querist) 21 January 2013
sir,
thank you very much
ajay sethi (Expert) 21 January 2013
thanks for your appreciation
prabhakar singh (Expert) 21 January 2013
IN VIEW OF THE FACT THAT PROPERTY IS DULY PARTITIONED,YOUR BROTHER CAN NOT LEGALLY RAISE ANY OBJECTION EITHER YOU SALE OR RECONSTRUCT.RECONSTRUCTION ,HOWEVER REQUIRE FRESH PERMISSION FROM MUNICIPALITY OR REGULATORY AUTHORITY OF THE AREA.
Raj Kumar Makkad (Expert) 22 January 2013
Nothing to add more in the already given advice.


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