Partition of ancestral property
Gopinath
(Querist) 16 December 2014
This query is : Resolved
Respected Sir/Madam,
We have a property which is our ancestral home measuring 32 ft X 81 ft.
the heirs to the same are 4 brothers and 2 sisters (of which one sister has expired 1 year ago)
I would like to know as to what exactly is the legal system followed to make partition of this property, and who will have to accept which portion of the property if it is divided.
if there are disputes between the heirs to have the front portion of the share which is near to the Main road.
what is the property division hierarchy which is normally followed. please advise and also let me know more on legal document which i would like to refer for more knowledge of the same.
thanking you in advance, sincerely BGK.
adv. rajeev ( rajoo )
(Expert) 16 December 2014
If it is not possible for to make division in the property, then any one can offered the other legal heirs to purchase the property on the basis of the present market value. After this other sharers can divide the amount.
Gopinath
(Querist) 17 December 2014
Dear Rajeev Rajoo,
Thanks for your reply, well none of the heirs have the financial capability to purchase this property at market value, this solution is ruled out and every one wants to have their share in this property and build their own home here.
now i am more interested to know if there is a legal way like, the eldest of the sons will get the fist choice or the youngest will get the choice (or) is there any rule normally which is followed as to who should get which portion of the land. here every one is fighting for the front portion of the land which is facing the main road.
please advise.
BGK
Anirudh
(Expert) 17 December 2014
There is no such law or rule. It is for the parties to amicably come to a resolution.
As an alternative, the parties may first come to a conclusion, how to divide the property into six shares.
Once the above is done and agreed upon, then the question will arise as to who will get which particular portion of the building.
As every one is aspiring for a particular portion (say front portion overlooking the main road in this case) which is not practically possible.
The only thing that can be done is to go in for lottery in the presence of an agreed Observer. Before the observer, when the first name comes, that person will select the portion of his choice. The second person will have to select his portion (from out of the left out portions, assuming that the main portion had already been selected by the first person).
This is the only way that I can think of. Please remember, no Court will be able to resolve your problem, unless you yourselves are ready to understand the practical situation and be reasonable to accommodate each other.
Guest
(Expert) 17 December 2014
" No Court will be able to Resolve Your Problem".A Sentence by Anirudh is actually a Contempt of Court that too in a Prestigious Forum Like LCI.As I am not able get any detail about Himself/Herself in their Profile which is blank He Or She is severely Warned Not to Post any Wordings in this Respectable Site which would be Contempt Of Court.
Anirudh
(Expert) 17 December 2014
MY FOOT! YOU ARE NOBODY TO WARN ANYBODY, MUCH LESS ME.
YOU GOOD FOR NOTHING FELLOW DOES NOT EVEN KNOW WHAT IS CONTEMPT OF COURT!
IF THERE IS CONTEMPT OF COURT, I WILL JOLLY WELL FACE IT. DON'T WORRY.
THIS RESPECTFUL LCI SITE HAS ALREADY BEEN DESECRATED BY YOU BY YOUR FALSE AND FRADULENT PROFILE.
Guest
(Expert) 17 December 2014
Fine and proceed.The Sentence regarding Honorable Courts your saying that" No Court will be able to resolve your problem" Is It Contempt of Court is it
Guest
(Expert) 17 December 2014
Mr Or Miss Or Mrs Anirudh you are here by advised and warned to apologise about your statement regarding Honourable Courts which had been posted by you .Please Note Law has got big hands and you can not just escape by not posting your details in your Profile
Anirudh
(Expert) 17 December 2014
HEY GOOD FOR NOTHING FELLOW HAVING FALSE AND FRADULENT PROFILE - MY FOOT - THERE IS NOTHING TO BE APOLOGETIC ABOUT. I KNOW, LAW HAS BIG HANDS, YOU NEED NOT TELL ME. LET IT CATCH ME - I WILL DEFINITELY ANSWER SUCH LAW.
YOU DON'T EVEN KNOW WHAT IS CONTEMPT OF COURT. THEREFORE, DON'T TRY TO PRETEND AS THOUGH YOU KNOW ANYTHING!
Guest
(Expert) 17 December 2014
Dear anirudh or anuradha first Know your English There is no Such word as PRETENT in English it should be PRETEND.Wheteher you are Advocate or Not I Do Not Know.But THere should be Respect to Honorable COurts or it would be a defamation.Just because you are a Idle person you just can not Post any thing regarding Honorable Courts
Guest
(Expert) 17 December 2014
Anuradhs Thanks For Immediate Correction As PRETEND
Anirudh
(Expert) 17 December 2014
Take it I do not know English.
Take it I am not an Advocate.
I don't need your advice whether I should respect any one or not.
My work will speak for myself.
Whom I should respect, in what manner I should respect, when I should respect is known to me, be assured that for this purpose, least of all I will need your help!
YOU REMIND ME OF THE SAYING IN HINDI "KISIYANI BILLI KAMBHA NOCHE"
Anirudh
(Expert) 17 December 2014
DON'T THINK I CORRECTED AFTER YOUR POINTING OUT. THERE WERE OTHER CORRECTIONS ALSO WHICH MADE, WHICH YOU UTTERLY FAILED TO NOTICE.
THEREFORE, I ALWAYS MAKE SELF-CORRECTION, UNLESS YOU, WHO HAVING POSTED FALSE AND FRADULENT PROFILE SHAMELESSLY STICKING TO THE FALSE PROFILE!!!
Guest
(Expert) 17 December 2014
Dear Anuradha Do not get upset Please come in Detail about you and sort out.
Anirudh
(Expert) 17 December 2014
Have you heard the saying "CHOR ULTA KOTWAL KO DANTE" You are trying to do that. I will not allow that to happen here.
YOU MADE A FALSE AND FRADULENT PROFILE IN THIS LCI. DO NOT TRY TO MAKE NECESSITY A VIRTUE!
FIRST AND FOREMOST YOU HAVE NO AUTHORITY OR LOCUS TO ASK FOR ANYBODY'S PROFILE - LEAST OF ALL FROM ME. THEREFORE, I AM THE LAST PERSON TO GET UPSET. DON'T TRY TO LIVE IN YOUR DREAM - AS THOUGH YOU HAVE SHOWN ANY MERCY ON ANYBODY. I WON'T BUY SUCH CHEAP TRICKS BY YOU.
V R SHROFF
(Expert) 17 December 2014
Experts must restrict to reply the Querist.
Pl avoid commenting on brother Experts.
Readers are too smart and understand / estimate true & False.
Black sheep cannot be avoided,
READERS MAKE OUT WHO IS BLACK SHEEP. do not worry about it.
Why spoil our image [ image of LCI] on international platform, that anybody can read??
just ignore them ...NO FIGHT HERE .. PL
I request LCI Adm to delete this Query immediately ..
V R SHROFF
(Expert) 17 December 2014
Unworthy expert may be deleted from membership , if this warning is ignored.
LCI ADM : TO PL LOOK INTO THE MATTER, AND TAKE ACTION.
Gopinath
(Querist) 20 December 2014
Dear Sir /Madam,
I am thankful to lawyersclub forum for your reply to my query.
I am shocked to see bashing between experts here.I sincerely request who ever comments here shall use words which should not hurt anyone personally,etiquette is the need here.
If you feel someone has given a wrong information, please justify with a valid law proof (document/ link ref:) which can be accepted by all.
Do not get personal to settle scores here. we are on the public domain and everyone shall respect this forum which is of really great help to the citizens of India who needs this kind of good advise by experts.
thanks with respects.
BGK
Guest
(Expert) 20 December 2014
Well Advised By Author/Querist
T. Kalaiselvan, Advocate
(Expert) 24 December 2014
Very strange, instead of the author settling down with the replies for his queries, it became a necessary for the author to express his opinion. Let we experts not involve in brick batting within ourselves, instead shall concentrate only on the queries for which we devote our time and energy selflessly.
