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Author Topic: Process of Dividing Parent's Property  (Read 839 times)

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Offline gopalachar

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Process of Dividing Parent's Property
« on: May 07, 2016, 01:12:03 AM »
We are 3 Brothers and 2 Sisters. Father and Mother no more, we would like to divide property equally with all 5 Children. But one brother is creating problem and he is not cooperating. He wants specific area in the property. Property can not be divided properly if we agree to him. All we wants to have equal rights with share for all 5 children. Is there a way to go ahead and divide property equally if 4 out of 5 children agrees?.

Regards
G Achar

Offline adv.amarnath

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Re: Process of Dividing Parent's Property
« Reply #1 on: May 08, 2016, 02:48:07 AM »
Yes, if all co-sharer or one of the co-sharer are/ is not agreeing to make partition of inherited property then, you have to file partition suit against refusing co-sharer.
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Amarnath Sanyal
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Offline advjaibansal

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Re: Process of Dividing Parent's Property
« Reply #2 on: May 08, 2016, 05:51:13 AM »
Dear Sir,

IF all the brother and sisters are not cooperating then you cannot divide the property mutually. You need to file a suit for partition if you do not like the idea of giving him some specific portion of the property.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline gopalachar

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Re: Process of Dividing Parent's Property
« Reply #3 on: May 08, 2016, 06:28:53 AM »
Thanks lot for the advice.
We all 4 out of 5 Children are agreed to divide property equally for all 5 children as per law.

He is threatening us that he will not agree to divide property if we do not give him specific portion in property as per his choice.
But as I said earlier, we will not be able to make proper partition in available property if we agree to his wish.

 

Regards
G Achar

Offline advjaibansal

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Re: Process of Dividing Parent's Property
« Reply #4 on: May 08, 2016, 10:09:03 PM »
Dear Sir,

as explained by you that your brother is not cooperating then you are left with no other option but to file a suit for partition to divide the property in meets and bounds.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline adv.amarnath

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Re: Process of Dividing Parent's Property
« Reply #5 on: May 14, 2016, 09:39:09 PM »
Partition can be done either through court or amicably. One party is not agreeing then amicable partition of property is over, so you have to file partition case. It is pertinent to mention that court will make amicable partition as per the person is in possession.

For further clarification and consultation in detail you contact me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Heena68

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Re: Process of Dividing Parent's Property
« Reply #6 on: May 17, 2016, 10:13:16 AM »
You can ask him to buy that part of the property from you 4 If he is adamant.in case it will lead to disproportionate division of the property(I am guessing it is a large chunk or his preference).if you go to court they will help you in dividing and he will be forced to cooperate but you have to spend a share of money that the property is worth.Is it a land or a house or both?

Offline sreesupandi

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Re: Process of Dividing Parent's Property
« Reply #7 on: May 20, 2016, 01:50:57 AM »
It is pertinent to mention that court will make amicable partition as per the person is in possession.

Can you elaborate more on above?

Thanks

Offline adv.amarnath

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Re: Process of Dividing Parent's Property
« Reply #8 on: May 20, 2016, 03:20:58 AM »
If a co-sharer is in possession in an inherited property and other co-sharers have filed a partition suit against him then court will take into account who is in possession. Ultimately the property will be partitioned by monetary value. Court will give priority to the co-sharer who is in possession. If it is found that the co-sharer is occupying more than his share then court may ask him to pay owelty to the other co-sharer who will get lesser than his share.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline gopalachar

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Re: Process of Dividing Parent's Property
« Reply #9 on: May 23, 2016, 11:05:16 AM »
we 3 brothers spend money to built house for parents. Actually brother is staying in house with Mother and now he is not vacating.
this brother spent less compared to other 2 including me. our intention is to give house to elder brother who spent all his earnings to the welfare of brothers and sisters.
Elder brother invested most of his earnings to this house and property. second brother who claiming house along with the share has spend very less compared to others.
will court give preferences just on the basis of current possession person. Father expired 7 years ago and mother expired just in last April 10th.


Offline adv.amarnath

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Re: Process of Dividing Parent's Property
« Reply #10 on: May 23, 2016, 07:29:43 PM »
It is very harsh reality that court gives possession as far it is possible to part the property practically. Court may curtail down anyone possession if he is possession more than his share as far it is practical. Now who has invested more or less cannot be judged and cannot be proved until and unless you all produce documentary evidence of construction of building or some facts come out at the time of cross examination.

For further clarification and consultation in details you can contact me
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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