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vijay   18 May 2022

Joint property litigation

Sir, we are 4 brothers, in 2018 we made a family partition and the same is registered. In that partition we keep a joint property, so as to sale that to get higher returns. However since 4 years my elder brother neither keen to sale that property not divide the property amongst us. 3 out of 4 are wiliing to sale that but 1 is not willing. So how can we sale that property. What procedure should we follow.



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 6 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     18 May 2022

Hello,

You and other brothers can sell their share as per their wish if elder brother is not ready to sell it. Later on partition suit can be filed in court and divide the property as per share.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 May 2022

file a partition suit in the court of law. A partition suit is a proceeding instituted by either of the parties when a property dispute arises in the family. Partition Deed is an official document, created either by order of the Court or through negotiation between the parties. Basically, it represents the portion of the property claimed by each of the party.

P. Venu (Advocate)     18 May 2022

As the property is already partition can sell his share in combination with others who are willing to sell.

vijay   19 May 2022

Sir, the portion which was kept joint was not partitioned.

vijay   19 May 2022

Sir, can i go through Arbitration and concilation Acy in this issue. 

Dr J C Vashista (Advocate)     21 May 2022

Provisions of Arbitration and Concillation Act, 1996 are not applicable in the facts posted by you.

You ( 3 out of 4) will have to seek partition of the properties amongs all 4 by filing a civil suit in the court of jurisdisdiction through a local prudent lawyer.


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