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Selvam (Others)     27 October 2020

Partition of property

Deceased Father left a property without any Will. Mother does not need share and so four brothers and one elder sister wants to divide the property among themselves. Now the dispute is the property has on side open. When divided into four equal size the two equal portion of back side doe not carry same value of front side of two portions. Two younger brothers want front side and one elder brother and one elder sister wants partition to be done as per value of the property, i.e more space as per value of the land to be given to them and also in the middle common passage only meant for the back side owners. The two younger brotherrs neither ready to compensate by giving more space as per value of the land or using the middle passage common fo backside owners only which they say they would also use them. Under this situation what court can do if suit is filed for partition? Any advice from our advocate brothers on this issues? Please do so.



Learning

 2 Replies

Advocate Bhartesh goyal (advocate)     27 October 2020

In such situation court can pass order to sale the property and divide the sale amount among them .

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     27 October 2020

1.  Parties may file Partition Suit and let Court decide as per merit under Law of Easement.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


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