Partition issue
Remya
(Querist) 16 October 2016
This query is : Resolved
Sir
My Father is the elder son of their family. He is having 4 brothers and 3 sisters. His father and mother died some years back. Property partition is the issue. Daughters had already given their part. But still they want an equal partition. And each time when all are are gathered for partitioning one brother makes problems by saying he has spent money for home and so. He is not at all ready for any compromise. We need a solution for this partition issue. The property that we get may be less. But could you please advice a solution?
Guest
(Expert) 16 October 2016
Apply for Legal Partition in Court.Every Legal Heir Of your grand parents will have equal share which can not be denied Legally.Others things like Spending etc will not be taken in to a/c.
Kuummaar AS
(Expert) 16 October 2016
Remya,
Your query lacks a number of vital facts without which proper advice cannot be given. For example,
1.full details of the property and in whose name it stands today.
2.How daughters were given their part.
3. On what basis, one brother says that he spent money.
etc. etc.
You may give complete details.
Kumar Doab
(Expert) 16 October 2016
"His father and mother died some years back. "
His father died on which date/month/year?
What was his personal faith; say: Hindu?
Remya
(Querist) 16 October 2016
Property includes agricultural lands, land with valuable trees and some shop rooms. Land is in various places and is of different values.
Remya
(Querist) 16 October 2016
What is legal partitioning? Does it take long time to get a solution?
Sri Vijayan.A
(Expert) 16 October 2016
This being the experts' page of the portal, we shall try to give specific solutions to your problem/ dispute which is possible only when the details in detail are known.
So, try to post the answers to the above two posts. The answers may vary according to the religions and the year of death.
regarding the amount spent in the daughters marriage and the amount spent by one son for the upkeeping of the property may or may not count which is to be decided jointly by all members of the family.
So, it is my advice to make one more attempt to arrange for a negotiation with all members to arrive a common amicable settlement and make a partition deed.
Otherwise, file a suit for partition, for which consult a local lawyer.
Guest
(Expert) 16 October 2016
It Depends on Your Advocate Better approach a Local Good Senior Advocate to apply for Legal Partition basing on which all the Sons and Daughters of your grand Parents would get equal Shares.It could be Completed in a Period of One year depending on your advocate.If any one of them is a Senior citizen the Pleading could be made for Early disposal of the Case.
Kumar Doab
(Expert) 16 October 2016
You need to post reply to all points raised in all threads.
Kuummaar AS
(Expert) 17 October 2016
Remya,
As your query lacks a number of vital facts without which proper advice cannot be given. you were asked to provide complete details.For example,
1.full details of the property and in whose name it stands today.
2.How daughters were given their part.
3. On what basis, one brother says that he spent money.
etc. etc.
In response, you have given one reply and raised one question as follows:
REPLY
Property includes agricultural lands, land with valuable trees and some shop rooms. Land is in various places and is of different values.What is legal partitioning? Does it take long time to get a solution?
QUESTION
What is legal partitioning? Does it take long time to get a solution?
PLEASE DECIDE YOU WANT TUTORIAL OR ADVICE
WITH RESPECT TO YOUR PROBLEM. iN CASE IT IS LATTER, YOU NEED TO PROVIDE COMPLETE DETAILS.
Guest
(Expert) 17 October 2016
You have the need to discuss in detail with some local lawyer by getting your property related documents examined by him in detail.
Rajendra K Goyal
(Expert) 17 October 2016
You have not replied the questions from experts.
Casual query may not solve the problem, it is better, state material facts and / or discuss with some senior lawyer in the field for guidance, clarify your doubts.
Kumar Doab
(Expert) 17 October 2016
Author need to post reply to all points raised in all threads.
P. Venu
(Expert) 17 October 2016
Try to reach an amicable settlement though a family settlement. Else, any of the sibling can file a suit for partition. However, it is unlikely that court will take into consideration the alleged expenses incurred in the past by or for any of the siblings.
