Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Manish (Co-Owner)     09 September 2013

Property partition dispute

Greetings Everyone!!!

We have a property that is registered in the name of My Elder Brother, Me an My younger brother.Lets Name them A,B,C respectively.In the registration papers its not written that which part of the property belongs to whom. Whole property is in the name of all three.
Father of A,B,C wrote in his will that this property will be named in the name of A under the pressure of A. C made a new will of his father, registered in the court and in new will there was no name of this property.
Now A wants the whole property as in the old will but both B and C want to sell the property.
I wish to ask can both B and C sell their share of the property by any legal way or partition of the property case have to be filed in the court? How much time will it take for the partition case to be solved if the case is filed in the court?
Please need your legal advise soon.
Thank You In Advance
Regards.
Mani



Learning

 1 Replies

Advocate Rohit (Advocate)     10 September 2013

if you are residing in Maharashtra and the property is situated in Maharashtra then the will needs to get probate from the High Court at Bombay. also if all the brothers are jointly ready to dispose off the said property without raising any dispute then the same can be done by filing partition suit before the district court and the same could be disposed off within a period of a year or so, except if there is a dispute between the brother or third party rights issues. in that case the matter could take up more time.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register