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Demarcation of house

(Querist) 23 July 2015 This query is : Resolved 
Hi,

I and my brother jointly own a house on a plot. My brother uses half the part of the house and i the another. We have separate electricity meters but water, municipal taxes are common which we share. I want to know what is the procedure to get demarcation of the property so i can sale my part.

property is located in maharashtra.

thank you
M/s. Y-not legal services (Expert) 24 July 2015
you may file a partition suit before the competent court.,

the court will partition the property and court will demarcate your portion

tejas (Querist) 24 July 2015
Thanks,

Can you please tell in exactly which court to approach is it taluka court, district court, etc.

Also is it possible to just replace my name by the buyer's name in the municipal records without going for partition?
P. Venu (Expert) 24 July 2015
Provisions of Partition Act will apply if the property is impartible.
tejas (Querist) 24 July 2015
thanks,

please tell in exactly which court to approach is it taluka court, district court, etc.
M/s. Y-not legal services (Expert) 24 July 2015
Its according to the market value of your share. The competent courts as below..

under 1,00,000 before district munsif courts,

Above 100000 to 10,00,000 before sub court, if its metro politan city mean city civil courts,

Upto 25,00,000 beforr district court

Above 25,00,000 before high court
Rajendra K Goyal (Expert) 24 July 2015
Get amicable settlement with your brother, have clear boundaries separated and get the settlement registered.

Otherwise file partition suit in court and get it decreed.
T. Kalaiselvan, Advocate (Expert) 31 July 2015
You do not have to approach court for executing a partition deed demarcating the property as per the terms agreed between both, get the partition deed drafted and get it registered which will confer title to the property pertaining to the individuals accordingly. After this you can even mutate the revenue records on individual's name.
tejas (Querist) 31 July 2015
Dear Kalaiselvan,

When i checked with the tehsildar office, they said to get sign of brother permitting partition. But my brother is neither giving permission for partition nor doing settlement. In this case is there any way to avoid the court and do the partition so i can sale my part.

thank you
tejas (Querist) 01 October 2015
Dear experts,

I have enquired with few lawyers regarding court application, all told me different amount of court charges . I request you to please tell, what are the court charges for demarcation of house (minimum to maximum). What will be the approx total amount i have to pay for court procedure.
thank you,


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