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Ravi B (CEO)     26 February 2013

Partition between equal owners of property

The Property (leasehold land with building in Mumbai) in question is self acquired by father ABC. ABC bequeathed equal share in propery to his two sons XYZ and PQR. The will has been probated nearly 4 decades back. ABC is married with 2 daughters and PQR is unmarried.

Can elder son XYZ seek partition of his equal share to create clearly define his share with brother who is not cooperative at present ? 

Can XYZ gift/will his equal share before partition to one daughter alone or sell his share to third party ? 

It is advisable to gift/sell XYZ's share after partition or before partition ?

It would be helpful if somebody could advise procedure regarding above.



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 2 Replies

Advocate Rohit (Advocate)     26 February 2013

if any borther wants to sell or gift its share in the property, then the same needs to be identified otherwise how the descripttionof the property will be mentioend in the agreement while selling or gifting.

 

you need to file the partition suit in the court. Once the court orders for partition and the demarction is done then either brother can sell the property.

 

Regards,

Advocate Rohit Dalmia

9324538481

Ravi B (CEO)     28 February 2013

Sorry, my original query has to be read as "XYZ is married with two daughtersand PQR is unmarried." and not "ABC is married with two daughters and PQR is unmarried."

However, I think Mr Rohit has understood my query.


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