Partition of property
Ishan
(Querist) 23 July 2016
This query is : Resolved
Hi, my father and my uncle are co-owners of a residential property in which we are living in. My uncle has created a dispute and doesn't want to sell it. Acc. to the purchase document of the property my father holds 80% share in the property as most of the sale proceeds at the time of buying the property was made by my father. Could anyone plz tell if we partition the property through court what consequence it will have on us and is there any act or section in partition of property act in which the purchase document is given immportance if so is there any case in which the investment of a person in joint property is given max. relevance. Thanks
Rajendra K Goyal
(Expert) 23 July 2016
Try to have amicable settlement.
If the document shows 80% share of your father he is entitled.
Your father can file case for partition.
NANDKUMAR B SAWANT
(Expert) 23 July 2016
You may mention all facts regarding payments made by your father wirh supporting documents and file a suit for partition of said property.court will pass just and proper ordet
R.K Nanda
(Expert) 23 July 2016
Nothing to add.
Kumar Doab
(Expert) 23 July 2016
You can benefit from the advise of experts.
P. Venu
(Expert) 24 July 2016
The question is that of facts. The court alone can decide it. No speculation is possible.
Devajyoti Barman
(Expert) 24 July 2016
Mere contribution of money may not determine the share in property.
If in the deed your father is shown to be 80% share then only he cna claim that much of share.
Else his share would be held to be half.
A co sharer can sell his undivided share in the proeprty for which co sharer's permission is not required.
So your father cna sell his share or seek intervention of court by way of partition suit to physically demarcate his share.
Kumar Doab
(Expert) 24 July 2016
From the extract in your post and discussion, apparently your father share is 80%.
As suggested in the thread the demarcation of share and partition seems to be the option.
