Legal Question in Real Estate Law in India
My father purchased a one acre land in 2006 in haryana with his two partners in total land my father's share was 50% and other two partners had 25% - 25% of Share. Then as per their share they equally sold some land from the total land in the parts. In 2008 my father got expired, then as per law my father's share was divided in us (my mom, my brother, my sister and me) and by an agreement we all siblings given our share to our mom, now our mom was the owner of my father's share then as my mom is not well educated she gave a special power of attorney of her whole share to me because I am her eldest offspring. after that whenever I sold any part of that property, I used to take at least one partner of them to sign the sale deed with me and used to divide the amount in three partners equally as per our company deeds there is nothing wrong in this. but now we have an office of approx 132 sq. yds. and located in a good location in our land. now one of my partner who is not a good man as per his previous records, he is trying to snatch (takeover) our office to me by hook or crook, he fascinated my other 25% partner and took his 25% share in office not in all property, we have around 400 sq. yds balance property including the office. now in the office property he is 50% share holder and I have another 50%. Sir/Madam I just want to know one thing that as we have done previous sales with joint accounts means sometime I took my one partner to sign a sale deed and some I took another partner, I never signed any single sale deed lonely. for example it is 100 sq yds to sale, so I take my anyone of two partner and sign it with an equal share it means 50sq yds decreased from my account and another 50 sq yds. decreased from my another partner account. Now my question is that Is it possible that my dishonest partner can sale or takeover our office of 132sq. yds out of my knowledge. because they treat me as a child because I am 25 years old and I was 21 when my father got expired I am the only person who is running the family by earnings. Please provide me a appropriate advice.
Thank You
2 Answers from Attorneys
You may seek partition of the property and claim your separate share to avoid any confusion of joint-ownership.
If documents clearly stating that you are 50% owner, then you are 50% owner.
If there is any ambiguity in the documents, then the Court will decide the shares.
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