Partition suit and injunction
Goapl Garg
(Querist) 15 July 2015
This query is : Resolved
I along with Nine others(common friends)purchased a plot of land of about 2800 square yards jointly,for future development of the same for our own individual houses.All of us, i.e ten buyers have paid equally to vendor and conveyance deed is registered.However there is no demarcation of individual area and thus the total plot belong to ten buyers.
Now the nine co owners are insisting to sell the plot to one builder for a commercial building.These nine people belong to three families.But I am not ready to sell my share and desire to construct my house.
I apprehend that the group of Nine people would sell their undivided share 9/10th share to the builder who has threatened me to buy the same and shall make me agreeable for sale of my plot also.
I approached a lawyer who says that any petition by me in court for Injunction on such sale and partition shall not yield the favourable order as other can sell their undivided share and with the new co owner I shall have to fight for partition.
I am not convinced by this advice.
Kindly give opinion about my status and action I should take at legal forum.
Advocate Kappil Cchandna
(Expert) 15 July 2015
Sir,
If the property is such that it can be sold without disturbing your rights and all, it can be sold by them because they are the absolute owners of it and they cannot be stopped to do so.
My suggestion is you make sure that you get your share demarcated and save yourself .
Warm Regards
Kapil Chandna Advocate
9899011450
Rajendra K Goyal
(Expert) 15 July 2015
Try to have demarcated your share, your friends have right to sell their share.
Goapl Garg
(Querist) 15 July 2015
Thanks for your advice.
The plot is such it can not be demarcated for me alone.I do not have any unfair intention but I desire to have my plot with an ideal ingress - egress way.Can I apply to court for partition/demarcation and till then for an order of restraining them to sell off their 9/10th undivided share.In case they sell their undivided 9/10th share to a builder then i will be at mercy of the new buyer who will certainly settle me for a pie only.Please help.
P. Venu
(Expert) 15 July 2015
You can file a suit for partition.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 16 July 2015
1) sincerely ifu get good price alongwth others netter sell to developer
2) if u can fight file partitionsuit n then develop
