Parition of property
ajay kumar sarawogi
(Querist) 27 August 2013
This query is : Resolved
My Late Grandfather left one property with
three sons all living in the said property.
My father (eldest son of Grandfather)expired 3 years back living behind three sons. Now at
present we are three brothers and two uncles
residing the said property.If partition of said property is done now how much share I will get in said property 20% or less ?
What shall I do if other coparceners do not agree for partition ?
If court is the option, Shall I have to file partition suit or make an application
for partition only. And what will the value
of stamp duty to be paid in either case ?
Raj Kumar Makkad
(Expert) 27 August 2013
You have not mentioned whether your grand mother and mother is alive or not. I do presume that both of them have already died.
Your father was having a share of 1/3 so after his demise, you have 1/9 share in that property which comes to 11.11%
The partition petition can be got filed by even a single co-sharer and it shall be done irrespective of resistance of all or any one co0sharer.
The stamp duty differs from State to State and you have not mentioned about your State.
Contact a local lawyer for this purpose.
prabhakar singh
(Expert) 28 August 2013
On facts told each of sons of your grand father have 1/3 share,then each of you three brothers have 1/9 each.You alone can file suit claiming 1/9.Court fee would be payable
as prescribed in your state,not too much.
