Legal Question in Real Estate Law in India

Hi,

I am a co owner of a joint property in India. The other 3 are my brothers. We basically have joint properties in 3 different locations in the same city. Can I claim partition on only one of those properties while the others can stay joint or do I have to claim a partition on all joint properties that is in joint name of us 4?


Asked on 7/08/11, 3:43 am

2 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

You can claim your share in joint properties.

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Answered on 7/08/11, 6:45 am
Shrichand Nahar S.V.Nahar, Advocate

If there is a cause of action for a partition suit, then you need to claim partition of all joint properties with same persons in view of provisions of Order 2 Rule 2.

If you are opting for a mutual partition by a deed, then it may be for 1 property only.

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Answered on 7/08/11, 11:51 pm


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