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Ramesh Prabu (Engineer)     12 February 2012

Property partition

Hello experts,

I would greatly appreciate your opinion on a land partition issue.  My Parents have deceased and left a piece of land between 4 children, eldest is son, next is son, then daughter, and youngest daughter without detailing any specifics as to who gets which portions of land and the land is still registered in Parents name.  The land in question is rectangular 100 ft x 200 ft, with 100 ft side parallel/alongside a road. Firstly if no mutual agreement is reached regarding partition then does the law state how it will be partitioned, say as 4 pcs of 25ft x 200ft (with all 25 ft divisions alongside road)  or as 4 pcs of 50ft x 100 ft (only 2 - 50ft divisions alongside road).  And in that case does the law also state whom of the children is entitled to get which of the 4 divisions or allot respective partitions based on order of birth, eldest to youngest   ?

Follow up is that if the 2 sons have their share in that land given to one daughter in writing even before the partition/registration, will the law still partition the land as 4 strips and specifically assign the respective strip to each children based on order of birth?

Best Regards

RP



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 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     12 February 2012

Dear Mr.Prabhu,

There is no order on the basis of age. Subject to a perusal of the terms of the testatment/will. Each is entitled to an equal portion. In absence of a consensus i.e settlement agreement. The court in the partition suit would after declaring your shares i.e 1/4th each would appoint a commissioner/collector to do site visit and parition property by metes and bounds - there it is a lot of flexibilty - and if no consensus is reached - i.e a particular part may be more profitable - and each one wants it - the court on - report of commissioner - instead sell the land and give the proceeds to you.

1 Like

Ramesh Prabu (Engineer)     12 February 2012

Dear Mr. Chugh

Thanks for taking the time to respond prompty.  Your response is greatly appreciated and I have a better idea now on this issue resolution..

Best Regards

RP


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