partition of inherited property
shailesha barve
(Querist) 21 October 2009
This query is : Resolved
Dear Sir,
My father has inherited an agricultural [dwelling & land]property from his father, which is situated in Karnataka, and we are three children to our father.[two-male married, one-female married]
Now the property is to be sold but our sister is not agreeable to the price finalised. Also, our sister is not in good terms with two of us.[brothers]
In this juncture, whether she will hav a say in the price to be finalised if the property is to be sold & If the property is to be divided[if not sold] among all, what may be the procedure to get it divided through court.
Adv Archana Deshmukh
(Expert) 21 October 2009
Your sister has also equal share along with you 2 brothers. so, she will have a say in the price to be finalised. If you want to get the property divided through the court then you file a suit for partition.
Sachin Bhatia
(Expert) 21 October 2009
File a suit for partition, Your sister has also equal share along with you 2 brothers.
Raj Kumar Makkad
(Expert) 21 October 2009
Definitely you cant sale the 1/3 portion in all property owned by your sister without taking her into full confidence. You can sale only your share without her consent but the problem shall arise about the possession of joint property so better you first get it partitioned through proper court of law and then sale your own portions.
PALNITKAR V.V.
(Expert) 22 October 2009
If you can enter into a partition without going to court, do it. Then sell your portion. But if partition out of court is not possible then also you can sell your share.
Adinath@Avinash Patil
(Expert) 22 October 2009
FOR SPEED REMEDY EXECUTE REGISTER PARTION DEED BETWEEN BROTHER AND SISTER. IF YOUR SISTER IS NOT READY TO EXECUTE PARTION DEED,THEN YOU CAN FILE CIVIL SUIT FOR PARTITION AND SEPARATE POSSESSION.
Suhail suhail
(Expert) 23 October 2009
The query is replied to the best of satisfaction by my learned friends,well i think it will be better to make the partition of property amicably as that will be best.I suggest to reach an agreement by appointing an ARBITRATOR which can be done by the consensus of all the three parties,and that will speedy and less expensive too.Well i think till the property is not partitioned and each party is not put in possession till then non of the parties can sell the property;It is better to reach a common consensus to divide the property in the respective shares and then either of the party is at liberty to sell or keep the property,and for that the partition deed is to be made and registered accordingly.
