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P.S.Muthukumar (Advocate)     07 August 2014

Is partition deed along with family settlement possible?

Dear Seniors and Experts,

A and B are belongs to Hindu religion but not blood relatives. they are neighbors and both jointly bought 4 housing sites in Tirupur, Tamilnadu about 20 years back and paid equally of 1/2 shares.

Now A and B wants to partition the 4 sites equally as A shall have 2 sites and B shall have 2 sites. In that the total 4 sites shall be equally divided into 2 portions because that each sites have small difference in the sizes.

A and B have planned to partition the property equally and A has only one legal heir (son) and B has 2 legal heirs (2 sons)

Now the issues is:-

Can B make a family settlement on the same partition deed to his sons that again from the 1/2 share of B which need to be divided equally to his sons by getting a sum of amount from his sons?

The settlement shall begin after the partition ends and is there any restriction that partition between non relatives should not include either one of the party's family settlement?

The percentage of document value is higher for the non relatives and the family settlement is lower documentation value.  then why don't we include that family settlement into the partition deed?

Kindly share your views and opinions regarding  the possibilities and restrictions of the above issues 

Seniors and Experts, Please advice and correct me if I am wrong.

Thanks & Regards

Muthukumar PS

Advocate

 



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