272+ Lawyers are online 
Procedure to separate property jointly purchased
19-Sep-2023 (In Property Law)
Me and my bbrother-in-law purchased land in joint sale deed, now I want to separate my propery, but both the houses separated in single wall in 30 by 40 sqft
If it is joint tenancy, it is co-ownership where property is owned by you and your brother in law at the same time in equal shares.
In co-ownership of a property, you have the right to partition the property. Presuming that you are currently dwelling in the same house, consent of your brother in law has to be obtained.
In case you have not mentioned the share that each has in the property, then, it is presumed that a ‘tenancy in common’ is said to exist. In this case you and your brother in law can use the entire property and equal share is deemed to exist. Even here you have the right to partition the property.
Separation by one or two walls: you need to check the specifications as enumerated in BBMP Act and its Rules, if you are in Bangalore; or similar applicable statute dealing with space specifications should be looked into.
Dr Gubbi, Counselor & Advocate, Bangalore
In co-ownership of a property, you have the right to partition the property. Presuming that you are currently dwelling in the same house, consent of your brother in law has to be obtained.
In case you have not mentioned the share that each has in the property, then, it is presumed that a ‘tenancy in common’ is said to exist. In this case you and your brother in law can use the entire property and equal share is deemed to exist. Even here you have the right to partition the property.
Separation by one or two walls: you need to check the specifications as enumerated in BBMP Act and its Rules, if you are in Bangalore; or similar applicable statute dealing with space specifications should be looked into.
Dr Gubbi, Counselor & Advocate, Bangalore
Helpful?
10+
10+
Adv. Dr. Gubbi S Subba Rao
Bangalore | 100+ Answers
Chat
Both of you can register a relinquishment deed in each others favor hence you relinquish your rights on his share and he relinquishes his right on your share , making you the sole owner of your share of property. since you have not mentioned your share nor your brother in law's share. you can respectively do the relinquishment.
Helpful?
10+
10+
Adv. Vibha A Setlur
Bangalore | 25+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
