cpc

partition and family business


dear learned members

my close friend has the following problem:

his father who was the owner of three properties died intestate, leaving his wife and two sons. one son has properties - one gifted by the father and one paid by the father. the other son has nothing. now the first son after accepting the deed of partition refused to sign it. he wants 50% share in all the properties of the father. he is not open to negotiations.

the second son is looking after the business firms started by his father - all the three firms are proprietory concerns, in the names of the two sons and the wife.  

the problem is that the properties are not vacant properties, but occupied fully by the house and the business concerns with no room for any division among the heirs. mainly because the access is only from the main road.

the second son knows that a court case is long drawn out and costly affair and he is not sure how the court can divide the properties to the satisfaction of all.

can the learned members suggest a way out - other than a partition suit which will  benefit none?   

thanks

yours

v.lakhsminarayanan

palani

 
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Advocate,9444674980

if they are willing to sell the property look out for a third person ,who can buy all the three property and settle them according to their wishes, otherwise except partition suit is the only remedy, and u have little option left.

 
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subregistrar/supdt.(retired)

no doubt, it is better to partition the property in  unequal or equal shares between the legal heirs as they wish.

it is suggestive

 
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