Joint hindu family
Mayur Pujari
(Querist) 11 September 2013
This query is : Resolved
We have an ancestral property in Mangalore, Karnataka. The co-owners of this entire property are 9 siblings(3 brothers & 6 Sisters).
Out of the 9 siblings, 8 are of the view that the property should be equally divided among all 9 siblings.
But 1 of the brother is of the view that half the property should be given to him and rest divided among other 8 others. The reason being, he is not well settled in life and others are well to do.
Now the other 8 siblings require to go ahead with the partition process (equally) while 1 of the brother is not agreeing.
Can the 8 siblings go ahead with the partition deed ? What obstacle they may face by the non agreeing sibling ?
prakash vathore
(Expert) 11 September 2013
you need to file suit for partition and separate possession in civil court.
Rajendra K Goyal
(Expert) 11 September 2013
Yes they can go ahead with the partition.
prabhakar singh
(Expert) 11 September 2013
When property is shared by 9 equally for which 8 are agreed to partition equally but one does not,8 SHARERS CAN NOT GO ahead with the partition deed.
SUCH A PARTITION DEED WOULD NOT BE BINDING UPON sibling NOT AGREEING.
The remedy left for 8 is to file a suit of partition in civil court as the share is clear and in law disagreeing shibiling does not have legal right to claim 1/2 on the ground he is staking the claim.it would not be any great time taking affair.
Mayur Pujari
(Querist) 11 September 2013
Out of the 4 replies received, 2 replies mention - 8 siblings can go ahead with partition whereas the other 2 replies mention - 8 siblings have will have to file a suit of partition in civil court.
Request to throw more light on this issue and confirm if 8 agreeing siblings can go ahead with partition (equally divide by 9) or they would have to file a suit of partition in the civil court as 1 of the sibling is not ready to sign the partition deed.
Kishor Mehta
(Expert) 11 September 2013
Sir/s,
In the matter of HUF:
[1] All coparceners are members of HUF and have equal rights to the Property.
[2] Only coparceners can demand partition.
I agree with Shri Prabhakar Singh, the other members of the family have to approach a Civil Court for the division.
Good Luck
Kishor Mehta
Mayur Pujari
(Querist) 13 September 2013
Sorry but being a layman am still confused, pls confirm if:
1) 8 agreeing siblings can go ahead and make a partition deed (equally divide by 9) and leave the 9th part for non agreeing sibling.
OR
1) They will have to file a suite of partition in civil court since 1 sibling is not agreeing for equal distribution among all 9 siblings.
Is this the only option left for 8 agreeing siblings.
Kishor Mehta
(Expert) 13 September 2013
Sir,
They will have to approach the Civil Court for division/partition of the property, and that is the only option if the ninth member does not agree to equal division of the property.
Good Luck.
Kishor Mehta
V R SHROFF
(Expert) 13 September 2013
You can file Partition Suit , .Let all other 8 be defendant.
Court will divide in 9 parts with possession order.
1 persons demand [ for half ]will be rejected , even if he claim
bal 7 will file ws in ur fvr . Matter end there.
So remedy is civil court , and u need to pay only 1/9 the of your share as Suit valuation to pay court fee. U save on court fee too
Mayur Pujari
(Querist) 13 September 2013
Thank everybody for the feedback.
Mayur Pujari
(Querist) 13 September 2013
Further need clarification on below 2 queries:
1) If we go to the Civil court how much time it would take approximately for the court to issue the partition order. Is there any way to fast track the matter.
2) Will the court allocate respective plots to the 9 beneficiaries, or the 9 beneficiaries will have to decide this among them seleves. Here again there can be a dispute as all 9 members would want prime plots on the road side.
Dr. Jyothi Vishwanath
(Expert) 14 September 2013
It is usually a time consuming process. Once a partition suit is filed, court passes a preliminary decree. Then after ascertainment of all shares, final decree will be passed. Then the parties have to execute the decree by filing an execution petition. All this may happen when even a single party is not co-operating with the rest.
Mayur Pujari
(Querist) 14 September 2013
Mr Rajendra K Goyal..... You had earlier advised, 8 agreeing members can go ahead with partition even if 1 member is not agreeing to equal partition. How is that possible ?
Mayur Pujari
(Querist) 14 September 2013
Mr Rajendra K Goyal..... You had earlier advised, 8 agreeing members can go ahead with partition even if 1 member is not agreeing to equal partition. How is that possible ?
Kishor Mehta
(Expert) 15 September 2013
Sir,
Please understand that, when one of the beneficiaries dissents in the matter of partition or division, the only remedy is to approach a Civil Court for legal partition and/or division. Any other method of division or partition is not legally valid.
Good Luck.
Kishor Mehta
