Father died interstate.
Nitin Shah
(Querist) 04 May 2017
This query is : Resolved
My father died,5 years ago without any will. I have a brother and living mother too. He left, among other things, a commercial office, which I understand will be divided into three portions, my brother, mother and myself. I want to have one third share of this property physically. What should I do now? I am now a senior citizen.
Guest
(Expert) 04 May 2017
If three decide then you can make proper deed pay stamp duty registration fee and separate it .
if no conclusion then only practical option move to Hon. Court under Partition Act there also expenses are there like court fee adv. fee
Kumar Doab
(Expert) 04 May 2017
If mother of deceased was not alive as on date of his death then you are right that yous share is 1/3rd.
All of you can partition amicably or thru court.
Guest
(Expert) 05 May 2017
Coming to an amicable settlement will be more beneficial for you for the partition of the immovable land. If not, you will have to move to the court, wait for a judgment and then enjoy the benefits of the property.
Kumar Doab
(Expert) 05 May 2017
Other Perspective: If it suits you.
Sell your share or Buy other's share.
Prefer amicable settlement.
With some efforts it may be possible.
Rajendra K Goyal
(Expert) 05 May 2017
Have amicable settlement, execute registered partition deed.
Dr J C Vashista
(Expert) 06 May 2017
Well advised by experts, file a suit for partition through a local prudent lawyer.
Kumar Doab
(Expert) 06 May 2017
Your 1/3rd share is intact.
If share by boundaries is desired by you and possible then settle amicably or partition thru court is option.
Or think about selling your share or buying other's share.
Co-sharers may be interested.
Guest
(Expert) 06 May 2017
a commercial office
How it Can be partitioned this too require to be thought seriously . Because it may be located in some society , additionally entire building plan may be affected .
So view that Partition suit is impossibility may also hold weight rather individual case required to be studied
Kumar Doab
(Expert) 06 May 2017
Mr. Madhu has posted right pointers.
Author may consider.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 06 May 2017
