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Bhuvan (KRT)     27 March 2012

Brothers not ready for partition

Two of my brothers are not ready for partition of the property ( about 2 grounds). I want to build a house in my share. My brothers have given oral consent that they will not interfere in my share, but do not want to do partition since it involvs money. Is there any way, where by I can get some kind of confirmation on paper ( Release Deed or NOC ) so that I can build a house in the land. Also, title deed is necessary to get power connection, and water/sewage connection. Please advice.

Regards,

Bhuvan



Learning

 6 Replies

Advocate M.Bhadra   27 March 2012

Do not build any construction in undivided nature of property ,in future others co-sharer can claim,try to amicably partition with your brothers failing which you can file a Suit for Partition in Civil Court.You can also sell your share even undivided nature of propeety to your brothers or outsider.

Bhuvan (KRT)     27 March 2012

Thanks for your response. Kindly confirm the statement that " An undivided share of property can be sold to brothers or even to an outsider".

If that is so, how is it possible to sell the propety without having a title deed.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     27 March 2012

Dear Querist,

though a partition is advisable in order to prevent future disputes as to ownership of super structure, however if your brothers don't agree for the same - you have to options :-

i) Sue for partition in a court of law;

ii) get into an MoU with them - reducing everything into writing 

Bhuvan (KRT)     27 March 2012

Thanks for the quick response.

MoU seems to be a good idea. Should an MoU be registered ? Is there any template for the MoU

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     27 March 2012

Dear Querist,

Though a partition is advisable in order to prevent future disputes as to ownership of super structure, however if your brothers don't agree for the same - you have to options :- 

i) Sue for partition in a Court of Law;

ii) get into an MoU with them - reducing everything into writing.

Advocate M.Bhadra   27 March 2012

Only registered Deed of Partition and Deed of Family settlement is valid documents,but  as per your information your brother do not want to execute it for expenses of registration charges.MOU is not valid documents in the eyes of laws,so there are only option for you to file a suit for Partition.


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