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Kenksx (o)     19 September 2010

Undivided property partition request

My father passed away last year in Panjim, Goa. My mom inherited the undivided property which co-owned by her  younger brother (Y). Immediately after 6 months the brother approached my mom to sell the property for exhorbitant sums failing which he threatened to sell to a third party. Within months he left the house to settle in Delhi and a one Mr. X walks to proprty to take care of the same intermittently.

Some facts:

My Mom owns 70% of the property and Y the balance 30%. Now Y has sent a notice to request partition.

The house is on the hill with steep gradient and the entire property was 100% invested and developed by my dad with no investment from Y.

My question to ALL the brilliant minds here:

What are the grounds on which my mom and i can request the court to avoid the partition?

How can we both avoid the final sale of the land and make Y come to us to sell his portion the land back to us?

Please share your phone numbers and email addresses. Please be genuine and creative.



Learning

 2 Replies

M. A. Khan (advocate)     20 September 2010

Legally speaking, if a share holder is seeking his share in undivided property, the shares cannot be withhold in normal cource.  However, your defence depends upon the case of ur brother, as well as, other upon other aspects. adv. khan Mumbai 9821477604

rakesh (advocate)     20 September 2010

he can make partition but u hve first/preferential right to purchase that prperty , in case he sells


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