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Author Topic: Property division among Brothers!!!  (Read 365 times)

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Offline SAS

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Property division among Brothers!!!
« on: July 10, 2016, 11:00:21 AM »
We have our father's property who is no more now, what will be the best approach to resolve this among 5 of us (brothers/sister)? 4 of them wanted to sell and take their part but one is not ready to do so. What will be the best solution to resolve this?

Offline rajgopal sripathi

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Re: Property division among Brothers!!!
« Reply #1 on: July 11, 2016, 09:41:04 AM »
Hi
Need to know whether the property is residential or agricultural property.

Also need to know the size of the property.

Normally irrespective of whether it is residential or agricultural property, If the person who does not want to sell the property  can make an offer to the rest of the siblings to buy out their share, then the problem is solved even if the offer price is marginally lesser than the market price.

If the person who intends to retain the property cannot buy out the share of others, then he has to abide by the wish of others and agree to sell to an outsider.

if the property(if it is residential) is marginally big enough so as to attract a developer to build an apartment of say 10-12 flats, then all of you can enter in to a development agreement with a builder who can then give all of you 1 house each and then sell the rest to public to recover the costs.
If the property is agricultural, then the rest of the members can sell their share to a cultivator for a price and the person who is not interested in selling can lease it out to the cultivator and share the proceeds of produce on annual basis.
Rajgopal Sripathi
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email:rajgopal@legalwin.in

Offline adv.amarnath

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Re: Property division among Brothers!!!
« Reply #2 on: July 13, 2016, 09:07:51 AM »
In partition matters, there is only  two ways to get it partitioned. 1) Amicable partition and 2) partition through court.

Now if most the person want to sell out the same then they can offer to the person who is unwilling to sell out. If he fails to purchase the other's share then remaining can sell it out to outsiders. Let the outsiders do the needful.
Regards,

Amarnath Sanyal
Advocate
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