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SETHU   22 December 2019

Property partition

Question : We are 8 member family where father (2002)and mother(2017) died without any partition will, and recently one family men(2017) died. His wife along with 2 children now stays with her parents. In partition discussion, they(wife of expired) are asking for a specific plot and we the other 7 are not accept her demand. They sent a court summons to all 7 members to present in court, but we have attended the court on reminders but they are not present. We have arranged a number of discussions and compromise talks with her and not finalised. We are ready to give her any other area except her demand. We could not do partition because of her opposition. Is her permission required for partition? if yes, then how can we settle the partition process immediately. We are losing benefits from govenment for bulding house because the portion is not in our individual names. Total around 47 cents for partition.Please help in this regard.....

 



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 2 Replies

Shashi Dhara   22 December 2019

Engage advocate and file effective w.s.and defend in court.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     22 December 2019

A partition deed for a property is executed to divide the property among different people - usually among the family members.

A partition is a division of a property held jointly by several persons, so that each person gets a share and becomes the owner of the share allotted to him.

It is done by dividing the property according to the shares to which each of the parties is entitled to in law as applicable to them.In case a partition is by mutual consent, a partition deed is executed by the co-owners. The partition deed is required to be registered at the office of the sub-registrar of the place where the property is situated as in case of any other registration.

The stamp duty payable in such a case is Rs 1,000 for each share of the property. Further, the registration fee will be Rs 500. More than one person may jointly own a property.


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