Asoke Kumar Ghosh (Professor (retired)) 19 September 2016

Partition of residential property

A residential property in Kolkata has three oners after death of parents intestate. 2 brothers residing inthe house are seperate families. Sister,the third owner and died in 2015, , lived in her husband's house has two married sons.

Sister signed a declaration of relinqishment, which wasnot legally executed. In the absence of any instrument of property management disputes on use,maintenance and administration hve led to difficulty of peaceful,safe and clean living,

Can any of the resident owners claim partition/apportionment deed,failing which a claim for sale of the property.

Expert advice is requested/

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4 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 19 September 2016

Yes a partition is very much maintainable at the instance of any of the owners . In fact both your issues can be resolved via a single case . In a case for partition , after the respective shares have been determined, the court may order sale of the said property and proceed to distribute the sale proceeds amongst the co owners as per their respective shares. Augustine Chatterjee Advocate & Solicitor at Law 9999931153

Kumar Doab (FIN) 19 September 2016

It is matter of inheritance.

Submit death certificate of father and sister , legal heir affidavit/certificate to authority under whose jurisdiction property falls, to update ownership by inheritance.

The proeprty is from father's side.

The share of deceased sister can devolve upon her sons and daughters.

They can come forward and agree to maintain.

Certainly other options are also possible.

P. Venu (Advocate) 19 September 2016

Any of the legal heirs can file a suit for partition.

Asoke Kumar Ghosh (Professor (retired)) 17 October 2016

nonresident sister gave a paper declaration of relinqishment. can it be treated as a will for probate?while thanking the experts for their advices this fresh query is presented in continuation of the earlier one.