partition of the property
abhay
(Querist) 22 April 2010
This query is : Resolved
Respected sir
We are five legal heirs of our late father who died instate. four of us do not want parttion in the house. it is not the ancestral house,it is built by two of the heirs after the death of the father. Rest of the four heirs are willing to give market value to the heir who is demanding partition.
Is there any provision in the property law that can prohibit partition?
abhay mdugal
R.R. KRISHNAA
(Expert) 22 April 2010
As a house is built a partition cannot be made in equal halves and partition suit will not lie. The Court will only order sale of the house property whereby the sale proceeds will be equally distributed to the legal heirs after adjusting the expenditure incurred by the two legal heirs who had funded the house construction.
The heir who is demanding partition in your case is entitled to the above relief and there is no prohibition.
Raj Kumar Makkad
(Expert) 22 April 2010
You all other brothers/sisters can convince your brother and can provide him the desired/settled amount as you told in your query but dont forget to get an affidavit duly attested by Magistrate to the effect that he has received full and final settlement out of joint property (give full description) and has no concern with any of joint properties inherited after the death of your father and further that he has handed over the vacant possession to all surviving successors of your father and that he or his legal heirs shall have no concern with those properties from the day of receipt of the money till anytime in future.
