My great grandfather did not make any will for his property. After his death his property was mutually divided among his four sons but there was no partition deed made for the same. The said partition was made on mutual & verbal agreement.
Present scenario is - Out of these four sons:
- The eldest son(my grandfather) is nomore and his descendants are his son(Mr. A)(my father) & his daughter(Ms. B). His wife is dead.
- Second son sold his portion to Mr. A(my father). Sale deed was made.
- Third son is nomore and his descendants are his wife(Mrs. W), his son(Mr. S) & his daughter(Ms. D).
- Fourth son has sold his portion to third son. Sale deed was made.
As I mentioned, the property was mutually divided as per their convenience.
All the daughters mentioned above are married and have their respective children.
Currently, Mr. A(my father) is residing in the property(portion) which he purchased from his uncle(Second son of my grandfather). This portion is demarcated in the sale deed.
My grandfather's portion is occupied solely by his daughter(my aunt)(Ms. B).
Mrs. W, Mr.S & Ms. D (Legal heirs of Third Son of my grandfather) are enjoying their respective portion alongwith the portion they purchased from Fourth Son of my grandfather.
N.B.: Third Son(of my grandfather) mutated his portion alongwith the portion he purchased & Mr. A(my father) mutated his purchased portion.
Problem is, my father wants partition deed and also he wants his portion from his father's (my grandfather's) property which is currently being occupied by my aunt - as mentioned above.
I would like to get advise
- whether it will be good to file a suit for partition in court
- or partition through mutual settlement will be advisable?
For both the cases which one would be convenient? And what would be the completion time for both the cases.
N.B.: My aunt is not of co-operative nature. She also wants partition deed to be done but she always have been creating issues and irritation for everybody in the family and of argumentative nature.
Thanks for your help.
