Property dispute

Querist : Anonymous (Querist) 08 August 2011 This query is : Resolved
Hello,

My father owned a farm land. He is now deceased. However now i have included name of my two sisters and mother and my name on the 7/12. Now my sisters are asking for a partition. Can you please help me with some more information on how the property should be partioned. I am not willing for partition. However the sisters are insisting on partition.

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Advocate Rajkumarlaxman (Expert) 08 August 2011
how partition should take place meand everybody has equal share in the property. R u sisters married and when are they married before or after 1996. what was given in her marriage, who did perform the marriage expenses and many more. it all depends please put the details of the matter.

Advocate Rajkumarlaxman (Expert) 08 August 2011
Or give them money amounting to their share and do not divide the farm. that is all you can do. and take their consent affidavit and delete their names from 7/12

R.Ramachandran (Expert) 08 August 2011
Either you have to partition the property or give money equivalent of their share to your sisters.
You have to get appropriate sale deed (neither release deed nor consent affidavit) registered in your favour by each of the Sisters. Thereafter on the basis of those registered documents, you can approach the authorities for mutation of your name against the property in Form 7/12.

prabhakar singh (Expert) 08 August 2011
Partition is a right of a co sharer which if denied by one gives thr other to file a suit of partition.

You say you are not willing,then they(your sisters) may file a suit of partition against you and may there after sale it to strangers ,hence you are advised to persuade them to sale their shares to you one by one but buy it only through registered sale deed after paying proper stamp duty as advised by Expert R.Ramachandran .

Querist : Anonymous (Querist) 01 October 2011
Thanks for all your reply. Now here is the entire story. My father owned a flat in mumbai, for which m mother and me are 50% nominees. Also under the Sec30 Maharashtra society act my father has clearly stated that in case of his death the flat should be transferred to my mothers name. Now my sisters are claiming their right on this flat as well.
I am ready to have the land at my native place partitioned equally(4 Shares), but they are not willing to...they want the entire land and then they will give release deed on the flat owned by my father in mumbai.

I have approached an advocate and he has advised that legally the flat should be transferred in my mothers name as this was purchased by her husbands money ad is not heridatary. I am also willing to transfer the flat to my mothers name so that she is secured by the remaining time.

Your assistance is most appreciated.

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