LawRato

Enforcing Sale of Plot by Joint Owner


13-May-2023 (In Property Law)
Hi, my father and uncle (fathers brother) are joint owners of a residential plot measuring around 300 Sq Yards in Ambala City, Haryana. The plot was purchased way back in year 2001. Since the plot was vacant at that time. My father and uncle mutually agreed verbally that uncle can take the front portion of the plot to construct and to reside therein and my father will take the backside portion of the plot. This all happened in good faith.. My father was in loss as he agreed to take the back portion. However it was decided that my uncle will give a passage of aprox 7 feet to my father from his front portion to reach out to the back side portion. After this he constructed his house in front. Its been around 10 years that he is staying there. Now when my father wants to sell his portion of plot, my uncle is creating problem that he will not allow to sell the passage of 7 feet. Now no one is buying back side plot with exclusive right to passage. Plz advice what to do.
Answers (1)

Answer #1
741 votes
Your father may file a civil suit against his brother for partition of plot in equal portion with both the plots having 1/2 of front portion.
If symitery of the plot do not permit 1/2 or front portion then divide the plot in two portion with providing passage to access another portion.first exclude the passage area from the plot then divide in two equal portions.A partition deed may be prepared with specific demarcation of the plot.
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

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."