2 Answers
Dear Client, If the three brothers have already received separate flats under the joint development agreement and each flat has been allotted to a particular brother, the first step is to examine the title documents and the development agreement. If the property has already been divided and each brother has a separate title, a partition suit may not be necessary.
However, if the property is still jointly owned and has not been legally partitioned, any co-owner can file a partition suit to seek division of the property. A partition or division cannot ordinarily be completed without following the legal process if there is no mutual agreement among the co-owners.
It would be advisable to have the joint development agreement, sale deeds, and title documents reviewed by a property lawyer to determine the most appropriate course of action.
Hope this helps. Please feel free to reach out to us if you have any further queries or need assistance.
Dear Client,
In case all the three brothers are co-owners of the same piece of land and in accordance with the joint development agreement, all of them receive their own separate flats assigned to them, the resolution of the issue would depend on the legal definition of ownership of the said flats through conveyance or other appropriate documents. In case there is a legal definition of ownership of the separate flats in the name of all the three brothers respectively, then partition may not be necessary, and the title can be clarified through conveyance or other documents. On the contrary, in case the property still remains jointly owned in any document pertaining to the property, then it would be difficult for one or two of the brothers to compel separation through a title deed executed unilaterally. In such cases, the brothers may file an action of partition so as to get their individual shares separated from the others.
I hope this helps and if you have any further issues do not hesitate to contact us.