How is the partition done of Jointly owned house

900 votes

You can severe the jointly owned property in different ways.
Court looks at DEFINITION OF joint tenancy in the following ways:
* Unity of interest of all the joint owners
*Unity of title
* Unity of possession
* Unity of time
By destroying any of these unities, you can break the joint tenancy.
The best way to severe is by entering into an agreement followed by other post legal formalities. You can take the help of an advocate.
If your brother cannot agree to any of your suggestions, you can deed your share of the property to someone else. This will break the unities of time and title. By this, your brother will not have joint tenancy with the new owner.
The Court can also divide the property. You can approach the jurisdictional court. The court may divide the property in kind: dividing each person's share or it may sell the property and divide the proceeds based on each person's share to it. You can approach an advocate to assist you.
If you are at Bangalore, you can contact us for further advise and legal assistance.
Dr Gubbi, Counselor & Advocate

Advocate Dr. Gubbi S Subba Rao LawRato

647 votes

difinatly court see the evidence if both the parties are invested equally then court may divided equally, if its not as per the ratio court will decide. if its equally then court divided in to 2 equal shares and one such shares was allotted to the one bother & other to the other one. court may also give option to each party to decide who will sale and how gone purchases the others share. because it reduced the long litigation, in this circumstances of the case while balancing the equities and for keeping peace and happiness in the family. court will direct to other party to pay so and so amount that amount should be calculate as market price , calculation like market rate for land + market rate of the total construction, on that basics court fix a price to the house and whoever come forward to buy that house they have to pay the amount and buy that share. court will give sufficient time to arrange another house and give the vacant possession. if both parties are not agreed then court may fix one price and sell that particular suit property what ever amount came with that court will divided equally

Advocate Shabuddin B S LawRato