Ganesh Ram
15 April 2018 at 18:03
• 4 brothers A,B,C,D jointly bought a plot and made an unregistered partition deed
• Using this partition deed, they got CMDA approvals and built houses in their marked partitions - 30 years back
• All of them have been paying Property Tax,EB, etc for their houses on individual names
• D alone got a separate patta also for his partitioned area
• Now when D tries to sell his house, other brothers are objecting that they need to give NOC.
• Their contention is that since the partition deed is unregistered, it is still joint property.
• D’s contention is that since
1) house building approvals were obtained using the partition deed that clearly shows their intent to live separately in their marked portions,
2) all the tax, etc are being paid for 30 years on individual names for their individual houses and
3) he got patta for his portion on his name,
these tantamount to clear ownership establishment and partition deed becoming
fully valid. So he doesn’t need their NOC for selling his house
Question: Can D go ahead and sell his house to an outsider without NOC from his brothers?
Anonymous
14 April 2018 at 14:53
• 4 brothers A, B, C, D jointly bought 6 grounds and made an unregistered partition deed amongst themselves, marking their individual partitions as “A”, “B”, “C”, “D” (1.5 grounds each)
• Using this partition deed, B & D got CMDA approvals and built houses in their marked partitions, viz. in “B” & “D” respectively - 30 years back
• A & C did not build any house in their portions. So “A” & “C” are still vacant
• D’s family has been living in the first floor of the house built by D
• As C did not build a house, C and his family moved into the ground floor of the house built by D
• D was paying property+water tax, EB for entire house as these were on his name
• A few years back, D died in a road accident
• With Legal Heir certificate, E (wife of D) transferred property+water tax, EB, etc on to her name
• E also registered a Release Deed from her sons, transferring their portion to her.
This Release Deed clearly describes the partition deed, her partitioned plot,
CMDA approval for building the house & her full ownership of the property
in “D”
• E also applied and got a Patta for “D”, citing the Registered Release Deed, Legal Heir Certificate, Property/water tax/EB receipts, on to her name
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• E wants to sell the house, but C, who is living in the Ground Floor of “D”, is objecting to this and is not ready for any settlement, claiming it’s a joint property and E cannot sell it without NOC from A,B and C.
Questions
1. If E puts a case to evict C, how long it will take to come to a result? How many years such cases normally take?
2. Can E sell the house on ‘as-is-where-is’ basis and ask the buyer to take the risk? After the sale, will E be still accountable if the buyer tries to evict C by force?
3. Can E disconnect the utilities (water, electricity) to the house, forcing C to vacate? If C goes to police, can E say C is a trespasser/squatter and ascertain her rights?
4. Can E obtain demolition certificate from CMDA saying that she wants to reconstruct the house giving the reconstruction plan. After obtaining the demolition approval, can E start demolishing the house forcing C to vacate? Will C be in a position to give a criminal complaint against E?
Ganesh Ram
02 October 2012 at 08:22
A,B,C,D bought a land jointly on their names with equal share. A died. His wife(his legal heir) wants to sell her portion of the land. B,C,D are refusing to sign. Can she independently go ahead and sell her portion without their involvement?
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Selling share of joint property
• 5 brothers formed a partnership company.
• Apart from regular business, they bought a property in the name of the company represented by one of the members (the managing director) signing the document.
• Patta is in the name of all the 5 people as shareholders of the company.
• After some years, they wound up the company and distributed the profits between them.
• But they did not do anything with the property.
• After 25 years, 2 of the 5 brothers want to sell the property but the rest including the one who represented as MD are refusing.
• The MD brother says since he has signed the document representing the company he can only sell and the others are not allowed to do any transaction. Is this right?
• Can the 2 brothers go ahead and sell their shares of the unpartitioned property without NOC from the rest, using the partnership deed and the property documents.