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RK (Doctor)     24 November 2010

Property division

how the ancenstral property (commercial complex- 5 floors) can be devided between 3 sons . There is  a considerable amount of rent income on it. One son is not ready for amicable solution as he has disorder and want to take it to court.

Parents are not ready for sale of the complex and devide the money . They are willing to keep the property . In this scenario, what would be best options to devide the complex ?



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 4 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     24 November 2010

 

Mr. RK

Your question is not clear, but it’s confusing, whether you need advice in general about the division of ancestral property OR advice about the legal proceeding for division and partition of property.

At the one hand you are saying that:

·         how the ancestral property can be divided between 3 sons; and

·         One son is not ready for amicable solution as he has disorder and want to take it to court;

On the other hand:

·         Parents are not ready for sale of the complex and divide the money. They are willing to keep the property;

Can you provide correct “Family Tree” to get the proper reply.

Puttamadanaik.B (Teacher)     24 November 2010

Dear sir,s

We are from Karnataka.

My friend is got marry in 1998, her father have ten acers of agricultural land, , she have one brother ,Mother, and two sister, they two sister were marriage in before 1990. one more dought is her father is passed away in 2007, it's can helps for case or not. Her father is share the property with her brother without giving any thing for him and her sister(2004-2005 Registration  not a will).Pls give details what type of share she will get. Any possibality to take share her sisters.

RK (Doctor)     25 November 2010

sorry for the confusion statements. parents want to divide the property but not interested to sell it for outsiders for money that can be distributed among sons .

1) so, in general how the complex of 5 floors can be devided among the 3 sons ( if every one interested for amicable settlement) ?

2) in case if it goes to court , could you let me know the legal procedure to division and partition of complex ?

Ramesh (Engineer)     25 November 2010

Hi, I am from a hindu family. We are three brothers. My father (passed) diveded the land among three of us and we have got UDR Patta (Tamil nadu) in the year 1988 when he was alive. But was not registered. We individually paying the property tax (Kandayam) for the divided property. The property division was not equally done. There is ~5% variation (in 30 acres, 50 cents variation). This land is not at one place, all 30 acres are bits and pieces. Few acres of land is on a high way, and its value raised by 20 times.

1. Is the property partition challengeable?
2. Does the property need to be divided equally?
3. Can my brothers challenge high value property of mine?

Please advise.


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