share of undivided immovable property
shyam lal
(Querist) 11 September 2023
This query is : Resolved
The immovable property shares have to be divided on percentage basis among the co share holders which has been aggreed duly signed by witnees on stamp paper unregistered. MoU family settlement.
Situation is out of respect the younger brother offered the older brother to demarcate his share so that the younger brother share is automatically by default is marked out.
Query what should the younger brother do legally to make the older brother mark out his share. as partition is ruled out in this case as there is a family settlement in place.
T. Kalaiselvan, Advocate
(Expert) 12 September 2023
Family settlement itself is another form of partition of properties among the shareholders.
The family settlement will speak about the allocation of each individual share in the manner agreed to be divided among themselves.
The family settlement conditions are to allocate properties to each individual in proportion as mutually agreed by all of them.
Now the demarcation of their respective shares is literally called partition without which it will be difficult to identify each individual's share in the property even though there was a family settlement.
So, if the schedule of properties to be allotted to different individuals has been drawn in the family settlement, then the demarcation process be conducted as per the agreed conditions in respect of their respective share of property
