Can I face issues selling property with internal access only?

I am a resident of Kolkata, living with my parents and wife in our own house. The house was purchased by my father, and the deed was made in both my father’s and my name. After a few years, the house was expanded with an additional floor, which is now larger than the ground floor. My father has remarried, and I am his son from the first marriage. He also has a daughter from the second marriage, who is more than 20 years younger than me. My father wants to provide me with my portion of the property through a partition. Will there be any future issues regarding the sale of my portion since access to the first-floor room is from inside, and there is no separate external access? Should the whole property be sold instead? What would be the proportionate value of the property, and what would be my share?

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Advocate By LEAD INDIA Answered: 28 Feb 2025

In this case, your father can partition the property by mutual consent, but the access issue to the first floor may affect its future sale. You can discuss a joint sale of the property with all stakeholders, or you can partition with an agreement to share costs for creating an external access. Seek a property lawyer for proper partition procedures. For further legal assistance contact us on our helpline number.
 

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