conditions for filing partition suit
ramakrishna.r.b
(Querist) 01 December 2010
This query is : Resolved
My mother died intestate leaving behind self acquired property i.e land and building. We are 6 children to our mother. Out of 6 children 4 are dead against selling the property. One of the son is staying in ground floor of the property. upper floor is totally empty. They will never sell that property and I want my share to be sold so that I can use that money for my life. I am a retired person. Can I file a partition suit ? The house cannot be divided into 6 parts. What is the procedure and condition for partition suit filing or is there any alternative as reconcilliation is impossible.
Devajyoti Barman
(Expert) 01 December 2010
Yes , you can fle a suiit for partition. If the house is too small to divide among 6 co sharers then the co sharers would get money in lieu of their shares but the properties including house will definitely be partitioned.
adv. rajeev ( rajoo )
(Expert) 02 December 2010
File a suit for partition. In this suit you can also get compromise if all agreed for it. If not suit will be decreed definately. Then in the FDP proceedings suggestion will be given by the court commissioner to make the division if case property is unable for the division on the basis of the market value of that property one of the co sharers can purchase the share of the others.
