Family settlement
shyam lal
(Querist) 17 October 2024
This query is : Open
The unregistered family settlement pertaining to undivided immovable property clearly mentioned that the property is to be equally divided 50.percetage each.
. Query. 5years have passed one of the share holders is refusing to demarcate his share on paper there by denying the other share holder to sell his share to a third party..what is legal way out.
T. Kalaiselvan, Advocate
(Expert) 17 October 2024
The unregistered family settlement may not be enforceable in court of law if the same has been reduced to writing, however it can be an evidence to conduct a suit for partition.
Therefore it is advisable that the party may file a suit for partition claiming his share in the property on the basis of the settlement agreement
shyam lal
(Querist) 17 October 2024
Partition suit means minimum 10years wait. Can the party in-the-time being rent/lease his portion where he is at present living.? Any act/clause to support this move?
T. Kalaiselvan, Advocate
(Expert) 17 October 2024
If the property is in his possession then let him first let it out on rent and file the suit for partition.
Advocate Bhartesh goyal
(Expert) 18 October 2024
Shareholder can let/lease out the portion of property which he possessed but can not sell unless partition took place.
shyam lal
(Querist) 18 October 2024
Expert Goyal thanks for reply. Given the present circumstances My specific question is under which act/clause can one rent/lease out his undivided share of inmovable property
