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samson francis   26 July 2018

Property Dispute - Partition Land or Sell Land

There is a property shared among siblings. When it's time to take their share Dispute arised. Few want to sell the whole land share money. But, some wants to Partition Land and share land. It is now equally backed by number of siblings. 3 wants Partition, 3 wants to sell. What would be the legal opinion? (In case it reaches court)


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 4 Replies

R.Ramachandran (Advocate)     26 July 2018

First it will be partitioned equally amongst all the siblings.  Then whoever wants to sell their share, they are free to sell.  What is the big deal?

Vijay Raj Mahajan (Advocate)     26 July 2018

The partition of any immovable property possible if that can be divided in equal parts to be distributed equal share to each of the siblings. If there no fair chance to divide the immovable property in equal parts, the best option is to sell the property in market and divide the proceeds to all siblings equal share. If any siblings not interested in selling property, let them but the share of the other siblings by paying the amount of their share in the property and become owners of the property without those siblings after getting the gift deed of their shares registered in the name of these siblings.

samson francis   27 July 2018

Practically the problem is, those who want to sell are feeling that partition would reduce the actual amount they would get when sold fully. Those who want partition are not agreeing to pay the amount for others share . So it's basically a deadlock. So what would be legal advise in that case?

samson francis   27 July 2018

Practically the problem is, those who want to sell are feeling that partition would reduce the actual amount they would get when sold fully. Those who want partition are not agreeing to pay the amount for others share . So it's basically a deadlock. So what would be legal advise in that case?

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