Legal Question in Real Estate Law in India
I reside in Mumbai with my family in an apartment for the last 30 years. The apartment is jointly owned by myself and my sister. My sister moved out 30 years ago and has never paid a ruppee in maintenance or taxes. Now she is pressurizing me to sell the house which I am not in favor off. Can she sue me to sell or sue for partition? Can partition of a small dwelling apartment be approved by the court? And how long do you think a case like this could go on for in Mumbai?
2 Answers from Attorneys
Yes she can sue you for partition . The best way would be to buy out each other.
You sister may sale her share, however, such purchaser may not be entitled either to claim partition or joint possession.
Your sister may file a suit for partition. In case property is found not capable of partition, then your sister may be awarded market value of her share determined by Court.
As per local municipal laws, partition of a small apartment may not be possible.
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