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b man (Namaste)     07 June 2012

Family not giving me my share of property

my father expired few years back. we have ancestral agriculture land in punjab and a flat (self acquired by my father, not ancestral) flat in mumbai.

How can I get my share of the flat in mumbai and the agriculture land in punjab. I don't want joint ownership of the mumbai flat I want to encash my share. My mother, elder brother and sister (unmarried) are the other claimants to the flat and agri land.

They just don't want to give me my share. Can i legally ask the court to auction the flat and the land to give me my share? is this process lenghty? How long does will courts take approximately?

Please HELP!!!!!!!!!

Thanks



Learning

 18 Replies


(Guest)

Dear Querist,

 

The land in Punjab being ancestral you have an equal share in it, which you can claim by filing a suit for partition. The land will be divided equally among all the coparceners.

As regards the flat which your father acquired in Mumbai, if no will has been made by him during his lifetime in respect of it, all the legal heirs of your father would succeed equally to the flat. Any one of such legal heirs may file a partition suit to claim your share in it.

 

Regards,

Ashish Davessar

Advocate

Amritsar, Chandigarh

2 Like

b man (Namaste)     07 June 2012

Dear Sir,

Firstly THANK YOU so much for your reply, really appreciate it.

You have mentioned that I can file a partition suit in court. Dear Sir, I don't want to become a joint owner of the mumbai flat ( hold 25% of the flat) for which my father made no will. I want to sell the flat to encash my 25% of the property. Holding a 25% joint with other members is basically useless if a can sell it if I need the money.

Thanks once again Mr Ashish Davessar. Please accept my best wishes and highest of regards.

Thank you

Adv Archana Deshmukh (Practicing Advocate)     07 June 2012

If you do not want joint ownership over the flat, you should file a suit for partition and seperate possession of your share in the flat.

2 Like

(Guest)

Dear Querist,

 

If no will has been made by your father during his lifetime, the remedy lies in filing a partition suit. Once you get your share in the flat, you shall be at liberty to sell it.

 

Ajit Singh Cheema (practising Advocate)     07 June 2012

As advised the partition suit is the best option.In the partition suits if the property is indivisible there is option of selling the property as a whole and sharing the money. In the alternative one of the co owner may purchase the share of others at the market rate.

1 Like

Ajit Singh Cheema (practising Advocate)     07 June 2012

As advised the partition suit is the best option.In the partition suits if the property is indivisible there is option of selling the property as a whole and sharing the money. In the alternative one of the co owner may purchase the share of others at the market rate.

1 Like

Ajit Singh Cheema (practising Advocate)     07 June 2012

The partition suit is the best option . In the partition suits the shares are determind and if the property is indivisible the property may be sold as a unit and money divided among the share holders.Another option may also be examined of one or the two or more of the co owners purchasing the share of others at predetermined and agreed market price.

1 Like

b man (Namaste)     07 June 2012

 

Dear Sir/Madam.

 

Madam Archana, Mr. Ashish Davessar, Mr Ajit Singh Cheema Thank you so much for giving your esteemed advice

 

From your advice I gather that I need to file a partition Suit to get my share of property. How can the court give me separate possession of my share of the flat as it is only one flat we are talking about. If you mean to say that I can get 1 Room for myself by a court order.

 

But who would like to buy 1 room is a 2BHK flat. It would be hard to find a buyer and get the appropriate market value for the same. I would like the court to order an AUCTION of the said flat and give me my share of the money.

 

As regards to the land in Punjab will I have to file a separate partition suit in Punjab or the one suit will take care of Mumbai flat and the land in Punjab.

 

Thank you so much once again.

God U all

Bye

Adv Archana Deshmukh (Practicing Advocate)     08 June 2012

For obtaining share in immovable property situate at punjab and mumbai, the suit my be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate i.e the suit can be filed in punjab or mumbai.

1 Like

Adv Archana Deshmukh (Practicing Advocate)     08 June 2012

Two seperate suits need not be filed. Only one suit is to be filed in which you will have to pray for partitioning of property situated in punjab and mumbai.

1 Like

b man (Namaste)     08 June 2012

Dear Madam Adv. Archana,

Thank you, so much for your kind advice. you are really doing all of us a GREAT service.

Madam, do lawyer charge a lum sum for such cashes (payable on partition) because I don't want a lawyer who would charge per hearing bases. Because then he would more be interrested in extending the case as he would get a higher fee this way.

Wishing you the VERY BEST both professionally and in personal life.

Thanking you,

Bye 


(Guest)

For the partition of the ancestral land in Punjab, the suit would have to be filed within the local limits of the court having jurisdiction over the place where the property/land is situated. Whereas for the flat at Mumbai, the jurisdiction would lie with the court at Mumbai.

 

As for the fee charging pattern, it varies from a lawyer to lawyer. There is no fixed rule. There are some who charge a lump sum amount, while others charge per hearing. You can make a decision accordingly.

1 Like

b man (Namaste)     08 June 2012

Dear Sir, Adv Ashish Davessar,

Thank you, very much for your feedback.

Would you or any of your learned colleague be wlling to offer their service on lum sum basis, if so please let me know in this regard. 

My learned friends I SALUTED you for all your help and guidence.

Wishing U all the very best .

Thank you,

Bye


(Guest)

Yes I am willing. You may contact me personally.

 

Regards,

Ashish Davessar

Advocate

1 Like

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