Division of joint property

deepika (Querist) 04 May 2012 This query is : Resolved
we have a bunglow which has to be divided between 9 people,3 people do not want to sell the property please advice me for option to divide it legaly,also making a trust can be useful or not?

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Devajyoti Barman (Expert) 04 May 2012
Make a deed of partition among the willing co sharers to divide their undivided shares.
There after they can sell their undivided share in it.
No problem in doing this.

Shashikant V. Patil (Expert) 04 May 2012
Mr Barmanji rightlly advised.

deepika (Querist) 04 May 2012
thanks mr buman and mr patil

ashutosh mishra (Expert) 05 May 2012
If all 9 have agreement and consensus for partition,then a partition deed between all can be the solution where after each sharer would be free to use retain or sale as per their wish.

But if all 9 are not agreed to partition and 3 of them are opposing,the rest of 6 can not divide it among them,it would give birth to dispute and partition would be possible only through a suit by 6 against 3.

Shonee Kapoor (Expert) 06 May 2012
The undivided share can be sold as advised by Ld. Barman but that would create further litigation.

So better decide the same by asking for partition and then sell it

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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