Mrs . Shanta Rani (Housewife) 16 December 2011

Will this be treated as partition of property?

My grandfather acquired land on lease from DDA He subsequently build 3 floors on them. By way of family settlement, his 3 children got a floor each by way of family settlement. 1 child sold his floor to an outsider- stranger. This stranger is insiting on partition as he has tied up with a builder and they want to redevelop the property and make money without giving any share in the profit to the 2 children.

My questions...

Can Family settlement not be considered as partition?

Can the 2 children buy the strangers share?

How will the courts calculate the share of this stranger?

Is the stranger legally bound to give the 2 children a share in the profit? if yes, how much?

Thanxs in anticipation

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 16 December 2011

Family settlement is valid partition amongst the brothers. Let them discuss with the builder and ask for the profit and rebuild their portion.

pervez (adviser) 16 December 2011

The first Q here is what are the terms of lease deed and what is period [ in perpetuity or otherwise..? Any limitations..........? Whether lease permits the subsequent transactions i.e. sale and partition.... The next Q would be whether the settlement is in writing, OR oral mere settlement.

The answer would depend upon reply to the above question... regards

R.Ranganathan (Advocate) 18 December 2011

As long as the lease is in existence all the children have equal rights in the property and the stranger cannot force others to either sell theis shares or part with it without paying for the same.

Mrs . Shanta Rani (Housewife) 18 December 2011

Gentlemen,

Thank you very much for your replies.

Request you to go thru my questions once again as some remain unanswered. As regards the lease , its 99 years perpetual with L&DO on behalf of President of India

regards

Shanta