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3 co-owners want to sell a flat,one co-owner refuse to vacate or sell
01-Apr-2023 (In Property Law)
My father had a 2 BHK flat in MUMBAI in a co-operative society, after his death we 4 brother A,B C, D became equal co-owner, 3 years back A passed away, after which his 3 sons nominated A wife name as co-owner in the society.ow the ownership is in name of A's WIFE, B,C & D.
B,C, & D live in Kolkata & all above 70 yrs age. Now B want to sell the flat for which C & D agree, BUT A,wife who is OCCUPYING the flat with his one son, son wife, Refused to Vacate the flat or buy other 3 owners share. A's wife refused any talk with other co-owners and asked to go to court.
1.Is the partition suit the fastest method to get relief in High court or any other type of case can be filed to get the flat vacated from A's Wife & family & then sell.
2.how many MINIMUM years it takes in Mumbai high court for such Partition suit of a flat to get final order.
4....its 2 room flat & cannot be partitioned in 4 parts. can we get the interim relief of the occupancy of atleast 1 room under our lock& key.
You need not to go to high court straightaway. Initially you need to issue a legal notice through lawyer also keep inform about the same to the local police and said society. Thereafter you may file a civil suit before city civil court senior division hopefully you will get all the reliefs you are in need of.
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Adv. Sagar Kothari
Pune | 400+ Answers
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Dear sir, you case is not at all as complicated as you think it is. First of all one cannot go directly to the Bombay high court for filling a suit for partition. First you need to file a suit in thr metropolitian courts in mumbai. However taking this course of law will eat up a lot of your time and money. It is better that you go for arbitration. However let me remind you, a physical partition is not allowed in the eyes of law of a dwelling house. It can be done of a land other immovable property. However is A's wife is ready with the adjustment then out of court partition can be done. But in your case she is not willing to co-operate with you. Hence i suggest that you send her a legal notice through the advocate and suggest a mode of out of court partition of the house through a way of mediation or arbitration. I could do this for you and help you with the same. My contact details are in my profile.
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Adv. Raunak Rane
Pune | 25+ Answers
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1. yes the partition suit will help you either to recover the money of your portion from A wife or you can obtain necessary order from the court for selling of the flat
2. if we file with the Bombay High Court then within a period 3 to 6 months we can get an interim relief from the Hon'ble court.
4.yes we can accordingly get interim relief for occupancy of one room .
2. if we file with the Bombay High Court then within a period 3 to 6 months we can get an interim relief from the Hon'ble court.
4.yes we can accordingly get interim relief for occupancy of one room .
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Adv. Tejas Shah
Mumbai | 25+ Answers
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