payment of share in property in cash

pk makkar (Querist) 15 August 2016 This query is : Resolved
My brother has been awarded by the court 25% share in property which was in my possession.The property is small in area and 75% is mine and division will be of no use as property will be spoiled.what alternative can be found to implement court order. In case I agree to pay him price of his 25% share in cash and request court in this regard can court agree or compel me for division of property only.This is practical problem.I intend to move an applicationin this regard.In case court agrees my request I will have to pay cash at market value or collector rate of the area.Collector rate is 60%of market rate.

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Guest (Expert) 15 August 2016
Mr. Makkar,

Your query is not only vague & contradictory, but also hypothetical.

When you have stated that the court has already awarded 25% share of property to your brother, what type of application do you intend to file with your request to pay the cost in cash? Also, do you want to avoid formal division of property as per law?

The question arises, if you wished so, why did not you or your lawyer request the court before the order was passed?

By the way, have you talked with your brother about your proposal?

adv.bharat @ PUNE (Expert) 15 August 2016
Author need to explain the query raised by expert.

If u state correct fact of case then could get proper answer for it.

Kumar Doab (Expert) 15 August 2016
Pls don't repeat:

http://www.lawyersclubindia.com/experts/payment-of-share-in-property-in-cash-612196.asp

P. Venu (Expert) 16 August 2016
You may move the Court for execution accordingly. However, this aspect could have been taken care of had you approached the Court under the provisions of the Partition Act.

It appears that the repetition has been techincal than wilful.

Rajendra K Goyal (Expert) 16 August 2016
No reply if query repeated.

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