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Harinder (A)     07 November 2011

Queries on partition suit

Hi, Very recently I came to know that a partition suit can be filed for jointly owned property. I would like to explain the situation and seek your valuable response. My father are 6 brothers including him, 2 of whom are no more. After the demise of my grandparents, the property, which is in Haryana, is in the name of the 6 brothers. Wanted to know whether a partition suit can be filed in this case. If yes, what is the usual time taken by courts to settle such suits? If the court askes all to sell the property and share the proceeds, Is it possible that 2 brothers who want to stay in the house buy the property from the other 4?

I would appreciate your detailed advise.

Regards.



Learning

 2 Replies

kumar t v s (advocate)     07 November 2011

Yes, Your father can file partition suit and no one can guess the time for the suit to be deciced as it depends on many factors.

 

The Court in a partition suit will not direct any party to buy or sell anyones share but will only decide the individual shares of the parties.

Advocate Vishnu (Advocate)     15 November 2011

Dear Harinder ,

Instead of going for a partition suit , the 4 brothers and the legal heirs of the two deceased brothers can execute a partition deed amongst yourselves.

It is perfectly legal for two of the brothers to buy the shares of the other brothers, but the partition must be done by metes and bounds ie the value shared amongst the brohters must be equal . If there is any discrepancy it may lead to problems in the future. It is best to make a registered family arrangement as mentioned above and avoid litigation.


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