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Author Topic: amicable share of property  (Read 489 times)

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Offline samirsad

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amicable share of property
« on: March 06, 2018, 01:23:41 AM »
Dear Sirs,

We have an ancestral two storied house property at Kolkata which is declared as “UNSAFE” by the Kolkata Municipal Corporation (KMC). We have twenty-one (21) owners who are supposed to inherit this property.  About ten tenants and four of the owners live in the house. The condition of the house is deteriorating day by day making the high risk to the tenants and our relatives residing in the house.
So we tried to make an amicable settlement about the amount of share among the owners so as to go for the development.  However, four of the owners who are residing in the house demanding the share of property that is not possible to meet.  As a result we, the owners could not reach any consensus.  Now the seventeen owners who are residing outside the house think whether we can inform the KMC that we, the seventeen owners, could not reach amicable settlement of property shares with the rest four of the owners, and be agreeing to what KMC will find any suitable action about the unsafe house and we, the seventeen owners, are not obliged to any risk/damage whatsoever which may arise to our relatives and tenants in the unsafe house.

Give some suggestions so that we, the 17 owners, can mitigate the risk/threat that may arise in future.

An early reply is highly appreciated.


Offline kalaskarkk

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Re: amicable share of property
« Reply #1 on: March 15, 2018, 01:03:47 AM »
Dear Sir,

The local laws like Municipality Act prescribes some penalties upon the owners of the old buildings in case of its fall down resulting in death of inmates. In such case it is wise to submit in writing by way of representation to the concerned local authorities that you have no objection to pull down the building which is in dilapidated condition. Further make it clear that you are not responsible and deposit some amount towards expenses of such pulling down of the building. Also give the notice of above steps taken by you to other four co-owners by registered post. There ends your responsibility.

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
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