Suit for Partition

DebUPindia (Querist) 25 May 2009 This query is : Resolved
As per conveyance deed, the property (residential flat) is in the name of my demised mother, who had source of income. I am staying with my family in the said property peacefully and under possession. My elder brother instigated father to file a suit for partition. The case is underway as they became plaintiff/Second defendant (supported father) and I am sole defendant. All amicable solution has failed inside or outside the court. The plaintiff statement reads extremely harsh, trying to spoil my career and trying to win because of being senior citizen. My question, what are my options to retain the property against selling/auctioning in open market. How strong oral WILL affidavit is will play to save the case. Is there any other ways to save the case or defend well.

Thank you,

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n.k.sarin (Expert) 26 May 2009
Mr. Debajit, your father, brother and sister all have equal right in the said property.All have right to get their share through partition. any one of the legal heir can file a suit for partition at any time.There is no way to retain the share of others in the property.There is no importance of oral will in the eye of law.Affidavit can not be read as a will.The amicable solution is the only and the best way to save the relation and property both.Try it again.Give them their share amicably.

Y V Vishweshwar Rao (Expert) 26 May 2009
Both the learned friends opinions are correct .

You have to agree for partition and the Apartment can not be /may not be partitioned with mates and bouds , therefore you can claim for retention of the flat with you and offer payment of sahre value cosnideration to other share holders .

DebUPindia (Querist) 26 May 2009
Thank you Mr.N.K.Sarin and everyone for advise.

Giving out share is not questioned however because of strained relationship the property valuation is questioned. Other parties refused to undertake any profound valuation method like appointing a valuator. My question> How a court values the person in possession and reasonable fair price, valuation of the property. Ain't the legal heir in possession given the first privilege to buy out shares? And that is the crux of the problem. Plaintiff interested in auction, oust me/my family and I had pressed for settlement. Any options?

Thank you.

adv. rajeev ( rajoo ) (Expert) 26 May 2009
After the decree of the partition suit, FDP i.e., final decree proceedings will take place. Plaintiff will have to file FDP and after this Execution petition will be filed to exeucte the order. U can file an application for appointment of court commissioner( civil engineer) to valuate property.