Dispute over joint property
sanjay tewatia
(Querist) 23 July 2014
This query is : Resolved
my father and my maternal uncle bought a plot and constructed a house. We have been living in the house since then. Both my father and uncle died and now I and my uncle's son are their heirs. My uncle's son says he is unemployed and wants money to start his own business and therefore the house must be sold. The plot has a narrow width and partition will not only spoil the structure but will leave us at a disadvantage. We want to live in the house. I have offered him a solution that I will pay the cost of his part of property but I can only pay in instalments. He wants a lumpsum amount. He is threatening to file a partition suit. We are worried because he has a greater share 140 sq. yds. as against my share 65 sq. yds. Will the court give his wish more importance as he holds a greater share. How can we solve this problem.
P. Venu
(Expert) 24 July 2014
The court is likely to grant your cousins prayer for partition.
T. Kalaiselvan, Advocate
(Expert) 26 July 2014
If you opt to go to court for partition, when it is found that there is no possibility for partition, the court may pass an order for sale of the same and the proceeds will be duly partitioned as per their entitlement.
