How to partition property in co-op society?
Gautam Dalal
(Querist) 11 March 2012
This query is : Resolved
I am co-owner of a plot in JVPD, and am living there for last 30+ years with other co-owners with separate 'flats'. This is a plot in a co-op soc of plots, on which bunglows and now multistory bldgs are built. The prop conveyance is in the name of 3 bros incl. me. I have 1/3 share. Some time ago I managed to get my part where I stay, assessed separately from municipal authorities, and I get my own separate ass tax bill. The rest of the prop is still assessed on joint names of all three of us. Some flats of the joint prop are also rented to outsiders.
1 How can I get clear title for the part of the property occupied by me?
2. I and other co-owners have formal MOU (un registered or notorised) with clauses which states absolute possession and right to do what one desires in his occupied part. However some prospective buyers ask for NOC from other plot holders. I would like to avoid such situation of asking NOC from my brother/s who are co-owners of the plot. How can I do this?
3. There are several issues with my brothers who are pain in the neck, and I would like some legal solution to have unencumbered title in order to sell/lease part/full property that is assessed on my name, without their consent/NOC.
4. The issue here is we have single "share certificate" with all three names from our society -which gives joint title to all three of us. How can we get this certificate split?
5. What is legally required to partition the property that is technically unpartitionable?
Raj Kumar Makkad
(Expert) 11 March 2012
1. File partition suit in the civil court.
2. The partition is the only solution to your problem.
3. Its ok.
4. If partition shall take place then 3 separate units shall come out having no connection with each other and in that situation separate share certificate shall be issued.
5. If all are accepting your MOU, the same can become the base of partition.
Gautam Dalal
(Querist) 12 March 2012
Thank you for your prompt reply.
1. In JVPD, a society of plotholders, if the bylaws do not permit such issue of separate share certificates, can a court order force such a issue on the society? this has serious implications, as many plots/properties are under such problems for last few decades.
2. As some parts of the property are rented to others on transferable tenancy basis, what happens to these flats, and how can that be divided among co-owners?
