Division of commercial property
harjinder
(Querist) 09 August 2015
This query is : Resolved
Sir the total area of shop is around 216sqft.the three equal parts each would be around 72sqft each.the front of shop is 8ft(front) and the depth is 27 ft(length). since both the cousins are willing to work together, is it possible to divide the shop as per the Area 4ft/18ft.ie 4ft front and depth 18ft.the area comes to around 72 sqft.and rest of the area to them.this division would allow my feasibility of working less division in three equal parts of 2.5ft front would pose a lot of restriction working, with hardly any space.Sir is there in law of division of commercial property on the basis of market value that is front part of shop or rare part of shop.request advice.
Advocate M.Bhadra
(Expert) 09 August 2015
If your grandfather left a WILL and died then you have to file a Probate Case in Civil Court for granting of the WILL. Without granting WILL is not valid. On the other hand if your grandfather died intestate(without making WILL) then your father, uncle and aunt became proportionate owner. You can not claim the property during life time of your father.
According to Indian Succession Act;
Will” means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death.
Execution of a Will:
On the death of the testator, an executor of the Will (executor is the legal representative for all purposes of a deceased person and all the property of a testator vests in him. Whereas a trustee becomes a legal owner of the trust and his office and the property are blended together) or an heir of the deceased testator can apply for probate. The court will ask the other heirs of the deceased if they have any objections to the Will. If there are no objections, the court grants probate. A probate is a copy of a Will, certified by the court. A probate is to be treated as conclusive evidence of the genuineness of a Will. It is only after this that the Will comes into effect.
R.K Nanda
(Expert) 09 August 2015
u have 1 share in said shop but cannot claim
during life time of ur father and better ur father first get probate of will by court.
harjinder
(Querist) 09 August 2015
Sir thanks for your kind reply .I would like to bring out that the formalities as brought out by you already been carried out, The will has been registered in court on my name.but the matter of fact is that the other two partners are reluctant to give my part of share of property.since I have decided to separate out from them, what would be best possible way the division of shop be carried out among the three of us.I also want to bring out here that both are together working in that shop after the demise of my grand father ,when questioned about the share they did not respond.what and how I go about resolving the matter.
Kumar Doab
(Expert) 09 August 2015
You have posted that:
"Sir,according to the will by my grandfather, a commercial property ie a shop was on the name of three grandsons among them I am also one of the member.my grandfather passed away in 2002 since then both my cousins have taken over the shop and till date they have not given me any share of profit."
As per your post your father is not a beneficiary and hence not involved in matter at all.
Thus the property has been bequeathed by the owner (grandfather) to you alongwith your cousins. You have equal share.
At location of property it may not be necessary to probate the WILL.However probate of a valid WILL is permanent solution.
The respective authority e.g. MC can transfer the ownership in the names of beneficiaries (you and cousins) based on some forms/advertisement in paper.
Are you one of the partners also in the firm that operated out of the shop?
If you are not getting profits then you can contact an able lawyer dealing in family/revenue/property/civil matters and or elders of the family and proceed to recover rent/profits.....................and or partition it.................and or enter into amicable family settlement (registered) ..................and or arrange willing buyers inclined to buy it at market price...................and announce that you will sell your share..................etc.
The cousins are running a shop and are always at the shop.
They are not absconding.
Bring them into negotiation by becoming firm.
harjinder
(Querist) 09 August 2015
Sir the total area of shop is around 216sqft.the three equal parts each would be around 72sqft each.the front of shop is 8ft(front) and the depth is 27 ft(length). since both the cousins are willing to work together, is it possible to divide the shop as per the Area 4ft/18ft.ie 4ft front and depth 18ft.the area comes to around 72 sqft.and rest of the area to them.this division would allow my feasibility of working less division in three equal parts of 2.5ft front would pose a lot of restriction working, with hardly any space.
harjinder
(Querist) 09 August 2015
Sir the total area of shop is around 216sqft.the three equal parts each would be around 72sqft each.the front of shop is 8ft(front) and the depth is 27 ft(length). since both the cousins are willing to work together, is it possible to divide the shop as per the Area 4ft/18ft.ie 4ft front and depth 18ft.the area comes to around 72 sqft.and rest of the area to them.this division would allow my feasibility of working less division in three equal parts of 2.5ft front would pose a lot of restriction working, with hardly any spac
Kumar Doab
(Expert) 10 August 2015
You have removed your first post and replaced it.
You should not have done it.
Any amicable settlement can be arrived at when all claimants sit and decide.
Or approach your able lawyer and court of law.
Sudhir Kumar, Advocate
(Expert) 28 September 2017
You already have some other threads wherein you gave details of the case. Is it same case.
Rajendra K Goyal
(Expert) 28 September 2017
Author need to provide the information sought by the expert Sudhir Kumar.
Kumar Doab
(Expert) 28 September 2017
Pls respond to Mr. Sudhir Kumar. Is it same matter!
harjinder
(Querist) 28 September 2017
Not provided any such details on any other thread.Query was sought on different matter all together.
