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Sidhhi   28 August 2022

Partition of property ?

My uncle died intestate. He had two ownership flats in the same building. One is 2BHK (800 sqft) other is 1BhK (500 sqft).

Uncle had 5 sons who are legal heirs and two legal heirs sons are occupying the two flats. Other 3 sons are staying elsewhere. In such scenario one son wants partition of property to get his share in the property.

How it can be achieved through the court ? TIA


 4 Replies

Dr J C Vashista (Advocate)     28 August 2022

Section 3 of The Partition Act, 1893 shall apply which reads as:

3. Procedure when sharer undertakes to buy.

(1) If, in any case in which the court is requested under the last foregoing section to direct a sale, any other shareholder applies for leave to buy at a valuation the share or shares of the party or parties asking for a sale, the court shall order a valuation of the share or shares in such manner as it may think fit and offer to sell the same to such shareholder at the price so ascertained, and may give all necessary and proper directions in that behalf.

(2) If two or more shareholders severally apply for leave to buy as provided in sub-section (1), the court shall order a sale of the share or shares to the shareholder who offers to pay the highest price above the valuation made by the court.

(3) If no such shareholder is willing to buy such share or shares at the price so ascertained, the applicant or applicants shall be liable to pay all costs of or incident to the application or applications.


File a Partition suit in the court of jurisdiction

Sidhhi   31 August 2022

Approximate counsel fee for Partition suit in Mumbai?

Dr J C Vashista (Advocate)     01 September 2022

Counsel fee differs from a lawyer to another and there is no tight jacket formula / scale / fixed rate which depend upon various factors such as face value, experience, standing, seniority and performance of the lawyer and paying capacity, financial capacity, bargaining capacity of client, amount of work involved,  prevailing fees of other similarly placed lawyers at Bar etc. etc.

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