Related to parental property
ritesh
(Querist) 17 January 2012
This query is : Resolved
hi,
we are total 5 brother & sister.both our mother and father have expired and ther is no will for the property.
one brother live in parental property.now we remaining brother & sister want to get share from parental property what should be done.
R.Ramachandran
(Expert) 17 January 2012
You have to request him to divide the property equally amongst all the legal heirs.
If he fails to do so, then you have to file a suit for partition before the appropriate Court.
ajay sethi
(Expert) 17 January 2012
agree with Mr ramchandran
ritesh
(Querist) 17 January 2012
thanks for u'rs suggestion
if we claim for partition of property in court.
1.how long will it take for the partion of property.
2.if any person after receiving partition order from court APPLY FOR STAY IN ORDER.
than what will happen
R.Ramachandran
(Expert) 17 January 2012
Dear Mr. Ritesh,
Please clarify whether you will not ask for partition, if the court case takes longer time?
Please also clarify whether you will seek partition, only if the other party will not seek stay?
Deepak Nair
(Expert) 17 January 2012
We cannot say how long it will take to finish the partitio suit. It depends on many things.
If all the brothers and sisters agree to the suit and there is no objection from the one who is in possession of the house, then the suit will finish at the earliest without any scuffle.
Deepak Nair
(Expert) 17 January 2012
If the order to the partition is passed and any one seeks stay, then if his stand is justified the court will grant stay and he may file an appeal challenging the order as to partition. Thus streatching the matter further more.
Deepak Nair
(Expert) 17 January 2012
The best option is to settle the matter mutually by discussing amoung yourselves and executing a deed of partition.
If one brother wants to occupy the said property, you can ask him to compensate others monitarily in lieu of their shares.
Raj Kumar Makkad
(Expert) 17 January 2012
Deepak! Why are you providing your opinion in installments?
Anyway, suit for partition and possession is the best remedy.
prabhakar singh
(Expert) 18 January 2012
Yes!In your case suit for partition and possession is the best remedy provided you do not care for time as there are two innings in such suits.
