Undivided Share of Land


#1

Ms. X was given the second floor of a two-floor building on 13 cents of land per partition deed. Her sister was given the ground floor and the land on which the building sits. The cellar (within the foundation) belongs to Ms. X but the land on which it sits belongs to her sister. The terrace is jointly owned by both sisters. Now Ms. X is trying to sell her portion and is unsure as to whether she has any land rights (no undivided share of land given as per the partition deed executed in the early 60s). Is there any recourse at all or does her share have to be written off as not having any value at all? Can courts assign undivided share of land if partition deed did not? Please advise. Property is in Kerala.