payment of share in property in cash

pk makkar (Querist) 15 August 2016 This query is : Resolved
My brother has been awarded by the court 25% share in property which was in my possession.The property is small in area and 75% is mine and division will be of no use as property will be spoiled.what alternative can be found to implement court order. In case I agree to pay him price of his 25% share in cash and request court in this regard can court agree or compel me for division of property only.This is practical problem.I intend to move an applicationin this regard.In case court agrees my request I will have to pay cash at market value or collector rate of the area.Collector rate is 60%of market rate.

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Guest (Expert) 15 August 2016
Repeated academic query.
http://www.lawyersclubindia.com/experts/payment-of-share-in-property-in-cash-612191.asp

pk makkar (Querist) 15 August 2016
Dhingra ji I haven't talked with my brother.This is not vague query.I intend to move an application in reply to brother execution application.

Guest (Expert) 15 August 2016
What is the opinion of your own lawyer?

Also, why did you feel the necessity to repeat your query, when you had already posted the same query at the following link:

http://www.lawyersclubindia.com/experts/payment-of-share-in-property-in-cash-612191.asp

adv.bharat @ PUNE (Expert) 15 August 2016
Please give opinion or ur lawyer to move further.

pk makkar (Querist) 15 August 2016
My lawyer is of the opinion that application will be moved in execution proceedings that cash be paid of 25% price of property instead of dividing the property which will spoil it due to small area.Decision depends on judge.I request experts to guide me with their experts comments.

Kumar Doab (Expert) 15 August 2016
Pls continue in original thread and don't repeat.

pk makkar (Querist) 15 August 2016
Experts r evading reply on one pretext or the other.This e is not good for the site

Guest (Expert) 16 August 2016

Not the experts, but you are evading reply to the question why you felt the necessity to repeat your query. Can you state, what is your hitch in placing your clarifications with the original thread?

Also, if your lawyer has already advised you, what is the reason for disbelief on him? If not satisfied with his advice, why don't you change him?

Even if the experts are evading reply, why do you feel that they must compulsorily reply your repeated academic query? Any Charitable service is always voluntary, not compulsion for anyone, as you cannot claim as a matter of right that too for your academic query, which I believe so.

Ms.Usha Kapoor (Expert) 16 August 2016
ear Client,

If y0ur brother agrees equal amount of cash payment from you in lieu of his 25% share in the -property at the time of execution than where is the problem? Pay cash and avoid division of the property.

P. Venu (Expert) 16 August 2016
You may move the Court for execution accordingly. However, this aspect could have been taken care of had you approached the Court under the provisions of the Partition Act.

It appears that the repetition has been techincal than wilful.

R.K Nanda (Expert) 16 August 2016
Repeated query.

Rajendra K Goyal (Expert) 16 August 2016
Court may / would not agree on your proposal at the time of execution if proposal opposed by your brother.

Kumar Doab (Expert) 16 August 2016
Despite the comments 'Experts r evading reply on one pretext or the other.This e is not good for the site';

Author is Sufficiently advised.

Rest is upto author to act.

payment of share in property in cash

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