Partition of a residential house

Querist : Anonymous (Querist) 26 April 2020 This query is : Resolved
Dear sir,

If a house 120 sq yards to be shared among 5 legal heirs how it will be shared as per partition law in which 4 are sisters and one is brother is a 4th legar heir

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Quick Summary

When a residential house needs to be divided among multiple legal heirs, mutual agreement is strongly recommended as the most practical approach. While the law allows for partition, it doesn't offer a precise method for dividing property by exact area or assigning specific portions. Court intervention can be costly and time-consuming, often leading to further disputes. Alternative solutions include valuing the property and having one heir buy out the others, or selling the property and dividing the proceeds.

Rajendra K Goyal (Expert) 26 April 2020
Mutual agreement is the main / practical / better approach.

Law has no prescribed yardstick to decide / measure which portion is to be allotted to which particular person, or the procedure to divide it in exact area..

Court may appoint local commissioner to decide partition boundaries , still it may result to further litigation.

Can decide the market value and pay others who are ready to forgo / leave their share.

Raj Kumar Makkad (Expert) 26 April 2020
Though the smallest possible partition is permitted under law butpractically it is not done and partities to the partition are guided to reach to an amicable settlement keeping in view all practical and prevailing aspects.

kavksatyanarayana (Expert) 26 April 2020
You have asked that "in a House 120 square yards to be shared among 5 legal heirs"
Do you mean "is it a vacant site or house within the site? Then what is the plinth area of the house? However, it is better to amicably settle how to divide the property by consulting your elders and well-wishers.

Dr J C Vashista (Expert) 27 April 2020
The house can be partitioned by meets and bounds, valued, sold and consideration shared, sold out to either/ some of the shareholder(s) and paying out to releasing shareholders, auctioned and amount be disbursed among shareholders.
Partition Act, 1893 may be referred.

Rajendra K Goyal (Expert) 27 April 2020
Please note that in case of litigation, years may pass, litigation cost may surpass the actual share in the property of the partner.

please clarify what is meant by :

In which 4 are sisters and one is brother is a 4th legar heir.
If there are 4 sisters, total shares are 5, how brother is 4th legal heir.

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