Property Matter.

Guest (Querist) 10 July 2010 This query is : Resolved
Dear Ld Friends,

I may seek your advise on the following :

A has a family (wife and a son)

A has 3 brothers and 3 sisters.

A's father passed away and left the Ancestral House Property, which may be approx. 1000 sq. ft. including all the three floors.

A's mother is taking care of the property.

A is not comfortable to stay in the house due to variuous inconveniences by his family members.

Query

1. Whether A has eligibility to file suit for PROPERTY PARTITION or claim amount of his share ?

2. Is it legally permissible, when all the other family members are not desired either to split the property or sell the property ?

3. Whether A's three sisters are eligible to have a share in the property, even they all were married before 1994 ?

I shall wait for your guidance on the matter.

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Y V Vishweshwar Rao (Expert) 10 July 2010
1- You can file suit for partition and can aslo claim for a portion of Your share and if the property can not be practically partitioned - You can claim value of your share from other share holders who are intendign to retain the proerty or you can retain the proeprty by paying the value of other share holders .

2- Yes -The Joint proerty utiltiy is not conveneint for usage and sufficient - and other are nto co-operating for partition ro to Jointly sell the proeprty - you can seek partition in a suit for Partition

3- Yes - the Proerty is still Joint proerty for partition - not partitioned -! I am of the opinion that sons and Daughters are equally entitled for share

Chanchal Nag Chowdhury (Expert) 10 July 2010
I fully agree with Mr. YVV Rao. However, I may add that since others are unwilling to sell , the may seek pre-emption u/s 4 of The Partition Act.

Uma parameswaran (Expert) 10 July 2010
AS a legal heir you have the right to ask the partition.

Guest (Querist) 12 July 2010
Dear Ld Friends,

Thank you for your advise / views on the matter.

D. KARTHIKEYAN.

Sachin Bhatia (Expert) 14 July 2010
1) Yes A is eligible to file Suit for partition and claim his share.

2) Yes it is legally permissible.

3) Yes A's three sisters are eligible to have a share in the property.

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