Family not giving me my share of property

Dear Sir,

Firstly THANK YOU so much for your reply, really appreciate it.

You have mentioned that I can file a partition suit in court. Dear Sir, I don't want to become a joint owner of the mumbai flat ( hold 25% of the flat) for which my father made no will. I want to sell the flat to encash my 25% of the property. Holding a 25% joint with other members is basically useless if a can sell it if I need the money.

Thanks once again Mr Ashish Davessar. Please accept my best wishes and highest of regards.

Thank you

If you do not want joint ownership over the flat, you should file a suit for partition and seperate possession of your share in the flat.

As advised the partition suit is the best option.In the partition suits if the property is indivisible there is option of selling the property as a whole and sharing the money. In the alternative one of the co owner may purchase the share of others at the market rate.

As advised the partition suit is the best option.In the partition suits if the property is indivisible there is option of selling the property as a whole and sharing the money. In the alternative one of the co owner may purchase the share of others at the market rate.

The partition suit is the best option . In the partition suits the shares are determind and if the property is indivisible the property may be sold as a unit and money divided among the share holders.Another option may also be examined of one or the two or more of the co owners purchasing the share of others at predetermined and agreed market price.

Dear Sir/Madam.

Madam Archana, Mr. Ashish Davessar, Mr Ajit Singh Cheema Thank you so much for giving your esteemed advice

From your advice I gather that I need to file a partition Suit to get my share of property. How can the court give me separate possession of my share of the flat as it is only one flat we are talking about. If you mean to say that I can get 1 Room for myself by a court order.

But who would like to buy 1 room is a 2BHK flat. It would be hard to find a buyer and get the appropriate market value for the same. I would like the court to order an AUCTION of the said flat and give me my share of the money.

As regards to the land in Punjab will I have to file a separate partition suit in Punjab or the one suit will take care of Mumbai flat and the land in Punjab.

Thank you so much once again.

God U all

Bye

For obtaining share in immovable property situate at punjab and mumbai, the suit my be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate i.e the suit can be filed in punjab or mumbai.

Two seperate suits need not be filed. Only one suit is to be filed in which you will have to pray for partitioning of property situated in punjab and mumbai.

Dear Madam Adv. Archana,

Thank you, so much for your kind advice. you are really doing all of us a GREAT service.

Madam, do lawyer charge a lum sum for such cashes (payable on partition) because I don't want a lawyer who would charge per hearing bases. Because then he would more be interrested in extending the case as he would get a higher fee this way.

Wishing you the VERY BEST both professionally and in personal life.

Thanking you,

Bye 

Dear Sir, Adv Ashish Davessar,

Thank you, very much for your feedback.

Would you or any of your learned colleague be wlling to offer their service on lum sum basis, if so please let me know in this regard. 

My learned friends I SALUTED you for all your help and guidence.

Wishing U all the very best .

Thank you,

Bye

dear Sir/madam,

Could someone clarify if one partition suit filed in mumbai could take care of both the property ( land in punjab & mumbai flat).

Madam Adv. Archana said two suit need not be filed one suit would be enough, on the other hand Adv. Mr Ashish Davessar has mentioned that I need to file two suits one each in the local court that has jurisdiction over the property.

Can anyone please clarify the same.

Appreciate all the comments.

Warm wishes and highest of regards to all.

Thanks you,

Bye

@ b man

Plz go through s. 17 of cpc

17. Suits for immovable property situate within jurisdiction of different Courts— Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Court, the suit my be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate 

So what is the need to file two seperate suits?

Part of your properties is situated within the jurisdiction of the court in punjab and part of it is situated within the  jurisdiction of mumbai court. So, you can file a suit at any one place of your choice. The entire claim is cognizable by such Court.

Dear Madam Adv. Archana,

Thank you once again for responding to my query.

ANYONE WILLING FOR LUM SUM FEE PAYABLE ON SUCCESS OF PARTITION SUIT PLEASE MESSAGE ME. 

Warm Regards,

Thank you,

Bye.