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How to specify a property in Apartment Act


19-Apr-2023 (In Property Law)
We are two brothers having 50% each share of our 10 Marla house in Chandigarh where Apartment Act is not available so it is not clearly specified which 50% is of whom. Although it is being considered that ground floor is 50% and first floor 30% and the top floor which is second floor is 20%. Now that I am leaving on first floor so I am considering my 50% as first floor and second floor and the ground floor is been occupied by my brother who is living there for the last 50 years. I want to sell my 50% she is in the shape of selling second floor and first floor respectively but my brother says that according to Apartment Act no area is been specified and I cannot sell the second floor. Although I have taken the pocession of 2nd floor through the rent controller of Chandigarh. Please suggest if there is any legal complication coming my way. thanks
Answers (2)

Answer #1
507 votes
You have very good case. First you have to get partition of that property by filling suit for partition.

In Chandigarh partition is not allowed so court will order for auction of that property.

In that circumstance your brother have to compromise the matter with you. Otherwise there is no option.
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Answer #2
683 votes
SIR THE BEST WAY TO SOLVE YOUR PROBLE IS TO DECIDE THE TOTAL VALUE OF THE HOUSE AND AFTER SELLING THE DECIDED AREA BETWEEN YOU AND YOUR BROTHER YOU MAY TAKE YOUR SHARE. IF THERE IS ANY DISPUTE REGARDING THIS YOU CAN SIMPLY FILE A PARTITION CASE AND SELLOFF YOUR PORTION WHICH YOU RECIVE IN PARTITION.
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