Partition of land
REVATHI NAIDU
(Querist) 07 November 2016
This query is : Resolved
SIR, MY MOTHER HAD OWNED TWO FLATS ON HER NAME. IT WAS SELF OWNED NOT FROM HER PARENTS. SHE IS NO MORE NOW(6 YEARS AGO). SHE HAD WRITTEN A WILL ON MY NAME AND MY SISTER TO TAKE EQUAL PARTITION ON THE BOTH FLATS BECAUSE THE BOTH THE FLATS ARE NOT EQUAL VALUE. THE SMALL ONE IS ON COURT CASE WHERE THE TENENT IS NOT WILLING TO VACATE AND HAD GIVEN COURT CASE. IT WILL TAKE MORE TIME TO SOLVE. I AM ASKING MY SISTER TO MAKE PARTITION ON BIGGER FLAT NOW AND WE WILL SORT OUT ANOTHER FLAT AFTER COURT CASE. BUT SHE IS TELLING THAT WE CANNOT MADE PARTITION ON ONE FLAT. BECAUSE IT WAS WRITTEN ON SINGLE WILL AND CANNOT BE DIVIDED INDIVUDUALLY. IS IT CORRECT. OR CAN WE DIVIDE ONE FLAT NOW AND ANOTHER AFTER CASE ENDING.
Kumar Doab
(Expert) 07 November 2016
Show the WILL ( for language verbatim) to a very able counsel.
Both of you may agree on wish of deceased mother in the WILL.
Rajendra K Goyal
(Expert) 08 November 2016
Enter into registered family settlement and in the settlement mention the property is received through will of mother.
Consent of both of you is necessary for such settlement.
Kumar Doab
(Expert) 09 November 2016
Submit the copy of WILL to the authority under whose jurisdiction property falls to act upon the WILL.
Once the WILL is acted upon the authority shall enter your names as owners.
Once you are owners you can even contemplate disposing your shares.
Rest as suggested show the WILL to your able counsel and ascertain all merits and options.
Rajendra K Goyal
(Expert) 09 November 2016
You can get the mutation in your names on the basis of will and later enter into family settlement.
Kumar Doab
(Expert) 09 November 2016
Till WILL is accepted as valid, not contested, and acted upon without any cloud on it, .........................you are mere 'Beneficiary' stated in the WILL.
REVATHI NAIDU
(Querist) 09 November 2016
MY MOTHER;S WILL IS A REGISTERED ONE. BUT THE FLATS ARE SINGLE ONE AND CANNOT DO ANY PARTITION. MY MOTHER'S AIM IS ME AND MY SISTER SHOULD OWN ONE FLAT AND TO DO CONTRIBUTION TO SMALLER FLAT BY WHOM TAKING BIGGER FLAT SO THAT BOTH CAN GET EQUAL VALUE. NOW SMALLER FLAT IS UNDER COURT CASE. BIGGER FLAT SHOULD BE DIVIDED BY GIVING FIFTY PERCENT SHARE BY ME OR MY SISTER. BUT MY SISTER IS WILLING TO OWN THE BIGGER FLAT. NOW WHAT IS THE PROCEDURE TO DIVIDE THE FLAT BY GETTING THE FIFTY PERCENT SHARE AND CHANGE THE NAME OF THE FLAT
Kumar Doab
(Expert) 09 November 2016
The procedure has already been posted: Submit the copy of WILL to the authority under whose jurisdiction property falls to act upon the WILL..................You may be required to submit death certificate,NOC of all legal heirs/release advt in 2 newspapers...............
Confirm from authority.
IN presidential towns of Mumbai,Chennai,Kolkota it is mandatory to probate the WILL.
Once again it is reiterated that: Show the WILL ( for language verbatim) to a very able counsel.
AS the wish of the testator is the WILL is supreme.
If as per WILL both flats can be disposed by either of the beneficiary then anyone can dispose the share.
If court has not granted the injunction to sell on small flat, then it might be possible, to dispose it also.
Guest
(Expert) 09 November 2016
Replied at another link.
Kumar Doab
(Expert) 09 November 2016
In another thread you have made a mention of rent.
Share it.
http://www.lawyersclubindia.com/experts/Partition-of-land-622586.asp
Rajendra K Goyal
(Expert) 09 November 2016
Why to repeat?
If not satisfied with the replies in this section, should contact local lawyer for detailed discussion / guidance.
