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Manikanta   25 December 2022

Partition of house

Dear experts,

 A house of 42 square yards which is to be divided among 5 legal heirs, as 4 of the legal heirs are against my father, we don't want loose our share even though it was only 8 square yards.

Is partition possible among 5.

we don't want to sell to anybody.

On request of other 4 legal heirs , court will sell the whole property without our consent.

please advise how to retain my share.



Learning

 8 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     25 December 2022

Hello,

Court will divide it but in no case it will forcefully ask you to sell your share or sell the property without your share. 

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     25 December 2022

Yes. I agree with the advice of the above learned expert.  But amicably settle the issue and divide the property among the legal heirs. If any heir is not interested to retain his share he can sell his share.

1 Like

Sudhir Kumar, Advocate (Advocate)     26 December 2022

Agreeing to above views I will add that cost of litigation is going to be much more than 8 Sq Yards.

 

In any case if litigation starts then the expenture is unewstimable.  However loss of relations is permanent and assured.

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 December 2022

A partition deed is mostly used by families, to divide members' shares in inherited properties. After the division through the partition deed, each member becomes the independent owner of his share in the property and is legally free to sell, rent or gift his asset, according to his wishes

1 Like

SHIRISH PAWAR, 7738990900 (Advocate)     26 December 2022

Hello,

Court will divide it but in no case it will forcefully ask you to sell your share or sell the property without your share. 

1 Like

Shashi Dhara   26 December 2022

You have to file petition in FDP to divide house by appointing government civil engineer  or commissioner who goes to spot and draws plan and divide it as per  each share and submit it to court , the court will allot each share and draws fdp.you have to pay fees  of engineer  or commissioner.

1 Like

Manikanta   27 December 2022

Dear experts,

All other legal heirs are own sisters to my father,and the house should belong to us because they all got married with dowries by my father even though they are asking their share in the house, so please advise how to teach them a lesson through law, it is k for me if issue not settled for years. If partition occurs definitely it will not be useful for me because mine is a minor share.

Shashi Dhara   27 December 2022

Deny   if they issue notice or if they ,file  civil suit for partition  ,defend they are not entitled for any share and drag proceedings.

1 Like

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