partition of property

samir (Querist) 09 October 2010 This query is : Resolved
Sir , my father are 3 brothers & 2 sisters ,after death of our grandfather they did not divide the property which is a 10 katha land with a old house . so my youngest uncle continued to live there , my father and another uncle live in private homes and 2 sisters are married . Now our grandmother is also dead and my youngest uncle is also not living in that house but is continuing to earn money from renting that house . so he is not ready to sell , partition or allow rooms to other 2 brothers to live there . he is also not ready to share the rent .

sir , i want to know is partition suit the last option . I was thinking of some how getting rid of the renters with help of local police , then go for a partition through circle - office , with help of sarkari ameens . Sir i want to know if partition process can be continued in my younger uncle's absence by dividing the land in 5 parts . In presence of witnesses .

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Prakash Langalia (Expert) 09 October 2010
partition is possible only if all parties give consent in circle office. in absence of any party or its legal consent only remedy is to file civil suit in competent court

s.subramanian (Expert) 09 October 2010
I agree with Mr.Prakash fully.

M/s. Y-not legal services (Expert) 09 October 2010
I agree with mr.prakash. If everybody accept and co operate for partition mean you can divide it with circle officer's help or presence of witness.. But if anybody arise any dispute mean you have to do partition by court of law.. How ever in court, a partition suit is the legal also a better option.

R.Ranganathan (Expert) 09 October 2010
I agree with the experts. Otherwise whatever process you undertake without one of the legal heirs then it will only be an illegal one and will be questioned later. So file a partition suit. This is best and the only option to get a legal and once and for all final remedy.