My friend's father died three months back without making any will. So, they have to partition 50cents of agriculture land and another 20 cents of land with house. My friend has two brothers and both are not in good terms which makes it impossible for amicable partition. If my friend file a partition suit, what will be the procedure and outcome? Will court sell the whole property and divide money?
Mahadeva Rao G (ADVOCATE) 25 April 2012
If a person dies intestate without making a WILL in such a case, his wife and all children will be the legal heirs for the estate of the deceased. You are talking about only two brothers here, where is the mother and sisters if any of the brothers you are talking. Well as said above, All the legal heirs stand to get a equal share in the estate of the deceased irrespective of the differences among them. No body can claim more or nobody can claim less. It is better to go for amicable Partition and register their respective share and change the khatha in their individual name according to the share decided( There is no need to go to court ). Only if the share is denied by the other legal heirs then you need to go to court enforcing partition and seperate possession of your lawful share in the estate of the deceased, which will take its own course of time..
Rajat Vyas (Lawyer) 11 May 2012
yours friend have a legal right to get his legal shere in that proparty. if he has a mother and sisters. they have also equal right. if all family members are not interested in partition. you advice to your friend to submit a partition suit in court and court grant decree by meets n bounds.if that proparty like a partition court cant sell that proparty
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