Legal Question in Real Estate Law in India

I am 41 yrs old female, I have three children, my husband passed away in june2008, after his death, I was very hopeless, my husband purchased a property in distt. faridabad, haryana, in year 2004, with two partners A and B, A has 50% share in the property and my husband and B has 25% each. total property is around 2200sq.yds. After my husband, his share of property(25%) was transfered on me and my three children by faridabad authority. then my children gave their authority to me. so that i am the main holder of that property. but that two partners are trying to snatch my share. they are pressuring me to give my share to them. and as that property is not divided. so I am unable to make my boundary on the sight. and the partners are saying that they will not divide this before taking my share. and they are also making false pretends like they are saying that they have to take 100 or 200 sq. yd from my share because my husband took some money from them but they don't have any proof of that, I know that they are telling lei but as I am a women and a widow of a retired naval soldier and very week to defend me and my children from those powerful persons. I am afraid that they will capture my property, and will make their boundary on the best location of that sight. Sir/Madam, I have my registry and mutation, but I am feeling very scared because my children's future is depend only on that property because all my children are studying. Please give me an advice what can I do in this case?


Asked on 1/30/11, 2:30 am

1 Answer from Attorneys

Vishwa Arya Arya & Co.

there is no way they can compel you to sell your 1/4 share. there is no question of powerful or weak in this scenario. 2010 judgment of the supreme court says that a coowner may sell his or her share but possession cannot be delivered until partition takes place. Partition of the property can take place either with consent or one may file a suit for partition to seek partititon by metes and bound.

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Answered on 1/30/11, 2:54 am


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