RK (Doctor) 26 November 2010

Partition

Parents are not interested to sell the property(complex) for outsiders for money that can be distributed among sons rather they would prefer to have the property divided among their sons.

1) so, in general how the complex of 5 floors can be devided among the 3 sons ( if every one interested for amicable settlement) ?

2) in case if it goes to court (for some reason in case if any son is not satisfied), what is the the legal procedure for division and partition of complex and how long it would take? Thanks.

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2 Replies

bhavanishankar (Advocate ) 26 November 2010

Instead of selling you can divide five floors as follows:

one each for three sons in three floors for three sons. And the reamaining two floors can be retained by two with one each and one person may be monetarily compensatted by other two sons as per the present market valuation. Approaching court will be a time consuming and if it is very essential the interested person can file a partition suit.

Bhavanishankar, Advocate, bhavani_vakil@rediffmail.com

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India) 26 November 2010

Dear Querist,

As adviced, property in question may not be satisfactorily divided in metes & bounds. One way out has already been advised. And there could be several others which you may find out amongst yourselves.

Secondly, in case, you need to move Court, you may do so by way of filing Suit for partition. Alternatively, you may settle it out-of-court by way of entering into execution of relinquishment deed process.

Lastly, please also consult your local lawyer for active advices.