Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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RAJENDRA GAJENDRAGADKAR (Owner)     16 April 2020

Share in inherited property

I am owner of half undivided share of a residential plot of land at Pune. My name is incorporated on the property card for 50% share. The property is in possession of my younger brother. I am looking for appropriate advice & legal services for Demarcation & possession of 1/2 share of property. OR Obtain fair market value for my share of property from the occupant.


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 6 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     16 April 2020

1. A Simple remedy is to file "Partition Suit" against the Brother, relating to the property, in the local Civil court.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 

N. Sivaprakash, Chennai 984099 (Advocate)     16 April 2020

If your brother is not agreable for a partition and if you can't wait, then you can convey your undivided half share to anyone.

RAJENDRA GAJENDRAGADKAR (Owner)     16 April 2020

Hello Mr. N. Sivaprakash,

Thanks for your reply.

I got my name mutated on the property card after facing 22 years of frivlous litigation through multiple cases.

Brother is neither willing to give fair market value or willing to accept the same from me. Past discussions have come to nought.

Is it legally necessary to offer for aquisition, my undivided share to brother, prior to selling the same to any thgird party.

G.L.N. Prasad (Retired employee.)     17 April 2020

When you are in the possession and enjoying property in your name as a sharer, you can dispose of your share of the property.  It is always practicable to take guidance from local advocates as many facts are to be considered for Manning brotherly relations and to avoid future unnecessary litigation and to get a commanding rate for the property..  (There are several facts to be looked into the property as to whether the 50% share can be determined in such property and metes and bounds of the property ).  First, get a settlement with metes and bounds with your brother amicably, get that settlement the status of award from Lokadalat and then you are free to act on that property duly demarcated.

P. Venu (Advocate)     17 April 2020

Civil Court has the authority to carry out the partition and enforce its execution. There is no question of obtainig willingness of any of the parties.

RAJENDRA GAJENDRAGADKAR (Owner)     17 April 2020

Dear Shri Hemant Agarwal,

Why a partition suit. As the property card stands today, 1/2 share stands in my name & remaining in my late father's name. So where is the question.

Dear Shri Prasad,

I am indeed trying to seek guidance from local advocates, but the problem is that the property is in Pune, whereas I live in Mumbai. My brother has used this to his great advantage in past 22 years & managed to inflict considerable trouble on me in terms of cost & time.

I do not have possession of the property. Brotherly relations, amicable settlement etc. is out of question. The plot is perfectly rectangular, has access from 2 exactly opposite sides. Maybe I should appoint a surveyer to independantly determine "Metes & bounds" & thereafter move court for 1/2 portion as per surveyer's report.

 


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