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Prabhadevi Pangal   27 August 2024

Division of shop in 2 co-owner

Hello,

My father has one shop in Mumbai. After his death, no one claimed for transfer.

We are 6 legal heirs. Out of that, 4 legal heirs released their share on my name. Now I hold 5/6 and my brother hold 1/6 share in that shop.

My brother has objection to transfer that shop in my and his name. 

I submitted transfer documents to the society, due to his objection, society is not ready to transfer on our name.

Now redevelopment DA has been registered, in that case, can I approach builder and ask him to build 2 units under 1 unit, so we both get different share certificates.

I would like to know what will be the procedure? Do I need to make partition deed between inspite my brother's objection?

Please help me to solve this. I am trying to solve this issue since 1998.

 

Thank you!



Learning

 9 Replies

T. Kalaiselvan, Advocate (Advocate)     28 August 2024

Wihout a legally valid partition the single unit cannot be split into two units, the builder is not an authority to divide the property into two units even if you request him to do so.

You have to file a suit for partition before civil court against your reluctant brother to get the property divided as per your proportionate share in the property

Prabhadevi Pangal   28 August 2024

Sir, 

Thank you for replying.

Is there any other way to solve my problem? 

T. Kalaiselvan, Advocate (Advocate)     29 August 2024

You both may have to compromise and enter into a mutually agreed partition which should be reduced to writing and get it registered , this will avoid the court fee and other expenses related to the court case.

Prabhadevi Pangal   29 August 2024

Thank you for replying 🙏

I hope my brother understands and agrees this time.

T. Kalaiselvan, Advocate (Advocate)     30 August 2024

You may try your luck and may be if you are little flexible then you may get the desired things achieved.

1 Like

Prabhadevi Pangal   30 August 2024

Hello Sir,

Because of legal issues, builder asking me to give indemnity bond and asking me to register as an Occupant.

If I do above process, he will handover possession to me when building will be ready and prepare alternate agreement with me as an Occupant.

Please advise is it wise to do above process? If I register myself as an Occupant, will I lose my rights as Co-owner in the future?

Please advise.

Thank you in advance!

T. Kalaiselvan, Advocate (Advocate)     30 August 2024

If giving an indemnity bond indemnifying the builder of future issues in this regard, you may for now give an indemnity bond as sought for and declare yourself as occupant because you have a major portion of the property on your name, of course you may take your brother into confidence by informing him about this formality with an assurance that his share in the property is fully secured even after redevelopment. 

It is an understanding between the brothers so that the redevelopment process is not stuck midway due to family disputes. With abundant caution you may execute the documents sought by the builder after consulting a local lawyer

Prabhadevi Pangal   30 August 2024

I will consult with local lawyer and get this process done. 

Thank you so much for taking your time out and replying and solving issues people like us 🙏

T. Kalaiselvan, Advocate (Advocate)     01 September 2024

You are welome for your appreciations.

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